New Delhi: A Delhi court today held all the five accused guilty in 2010 Dhaula Kuan gangrape case involving a 30-year-old victim from north-east, saying the DNA report clearly demonstrates that she was raped by them.
The court also relied on the testimony of the victim, who had identified two of the accused after the first arrest was made and later helped in apprehending rest of them.
Usman alias Kale, Shamshad alias Khutkan, Shahid alias Chhota Billi, Iqbal alias Bada Billi and Kamruddin alias Mobile, all residents of Mewat region in Haryana, were convicted by Additional Sessions Judge Virender Kumar Bhat, who will hear the argument on awarding sentence to them on October 17.
While convicting the accused, the court also noted that the victim, who was a BPO employee, has not faltered at any point and stood her ground throughout the entire cross examination.The judge said the case against them has been proved by the evidence including DNA report that the victim was abducted and gangraped on the moving vehicle as well as on a secluded place.
The court said she reiterated that she identified the two accused Usman and Shamshad correctly during the Test Identification Parade (TIP), the procedure in law in which accused are brought for identification by the victim in the court, jail or police station.
“The scrutiny of the evidence led by the parties as discussed hereinabove inevitably demonstrates that the prosecution has succeeded in proving the charges under section 365 (abduction), 34 (common intention), 376(2)(g)(gangrape) and 506 (criminal intimidation) with 34 of IPC against all the five accused,” the judge said.
“Resultantly, all the five accused are hereby convicted for the offences,” he said in his 131-page judgement.
Police had claimed that absconding top LeT commander Javed Baluchi, who is based in Pakistan, was the “kingpin” of the entire conspiracy while Pakistani national Arshad Khan, co-accused in the case, was in touch with him.
Arshad was arrested on August 13 after being produced before the court here from Kolkata jail where he was lodged in connection with Burman kidnapping case.
A chargesheet was filed against Rashid and Shahid on May 8 and they were charged with offences of criminal conspiracy under IPC and provisions of Unlawful Activities (Prevention) Act. Rashid and Shahid are now in judicial custody.
Regarding Baluchi, police had said intelligence agencies had provided information in November last year that he was contacted on his Pakistani mobile number from Rajasthan and there were conversations regarding a conspiracy to carry out a terror strike in India.