Delhi Court upholds Life Imprisonment to 5 for raping Danish woman in 2014

Must Read

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work,...

Follow us

Facts

The Delhi High Court on 16th April upheld life imprisonment given to five convicts for raping a 52-year–Old Danish woman in Delhi in 2014.

The Danish woman came to Delhi on January 1, 2014. She then went to Agra and returned to the capital on 13th of the same month.

On losing her way to her Paharganj hotel, she sought directions from one accused. The men, all vagabonds, then led her to a secluded spot near the Divisional Railway Officer’s Club and raped her at knifepoint.

One of the accused died in Tihar jail. The nine convicts include Arjun (23), Raju alias Chhakka(24), Mahendra alias Ganja(28), Raju alias Balaji(25), and three minors(whose proceedings are handled by Juvenile Justice Board). Another accused Shyam Lal had died in Tihar jail in Feb 2016.

Bench

A bench of Justices S Muralidhar and I S Mehta said the testimony of the victim and the DNA report, which was a clinching piece of evidence, have nailed the guilt of the convicts.

Court proceedings

The court rejected the argument of the convicts that the prosecution had manipulated the evidence under media pressure. It said the DNA profile connected the convicts with the crime and there was also a similarity in the forensic report sent by the Danish authorities and the DNA report prepared in India.

if the accused’s DNA has been found on the top which the victim was wearing at the time of the incident, it is for the accused to explain how it reached there”, it pointed out.

Bench pulls up investigating officer for not doing a job properly. While hearing the case, the bench pulled up the investigating officer for a botched – up the inquiry.

The High Court, meanwhile, rejected the testimony of an eyewitness given in the trial court, claiming to have seen the accused persons committing the crime with the victim, saying he could not be accepted as a natural witness.

The convicts were charged under Sections 376(D)(gang rape), 395(dacoity), 366(kidnapping), 342(wrongful confinement), 506(criminal intimidation) and 3 (common intention) of the IPC.

Announcing the sentenced in 2016, the trial court had called their crime ‘inhumane’ and ‘brutal’, which harmed the reputation of the country

Judgment

The HC dismissed the convicts’ plea challenging the 2016 judgment of a trial court, saying the DNA report confirmed their guilt. “In view of the victim’s evidence, corroborated by the DNA report, this court is satisfied that the conclusion of the trial court on the guilt of the accused is correct. Accordingly, the appeals are dismissed,” said a bench of justices S Muralidhar and I S Mehta

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work, except the drinking water component...

There Can Be No Leniency Shown To Appellant Who Pleaded To Reduce Sentence: Delhi High Court

Facts On 25.2.2016 the victim’s sister who was 13 years old was present with her sister who was 2 years old (victim) at their home....

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

More Articles Like This

- Advertisement -