NEW DELHI: Relying on the forensic evidence, a local court on Tuesday held all the five accused in the 2010 Dhaula Kuan gangrape case guilty.
Additional Sessions Judge Virender Kumar Bhatt convicted 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.
The court will hear the argument on awarding the sentence on October 17.
In its 131-page order, the court 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 the rest of them. The judge said the case against them had been proved on the basis of hard evidence, including the DNA report.
While convicting the accused, the court also noted that the victim, who was a BPO employee, had stood her ground throughout the entire cross- examination.
The court said the victim reiterated that she identified the two accused -- Usman and Shamshad -- correctly during the Test Identification Parade (TIP). “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 the IPC against all the five accused,” the judge said.
The court relied on the report of the Forensic Science Laboratory, which had conducted the DNA test by examining the vaginal swabs of the victim and cloths of both the prosecutrix and accused, as well as other evidence recovered from the vehicle.
“It is thus evident that the DNA of all the accused was found in the vaginal slides, as well as vaginal swabs of the prosecutrix and also upon the jeans pant, as well as the underwear she was wearing at the time of incident. Further, the DNA found in the blood stains on the pant of Usman was found similar to the DNA of the prosecutrix, as isolated from her blood sample. Hence, the DNA report clearly demonstrates that the prosecutrix had been raped by these five accused,” the court held.
The incident of the abduction and the gangrape had taken place on the night of November 23, 2010.