The Delhi Police said on Saturday they will file a chargesheet in the case of a 21-year-old JNU student, who was allegedly raped by two Afghan nationals at their south Delhi’s Green Park flat last week, in the first week of February.
The two alleged accused - identified as Twaab Ahmed, 27, and Sulaiman Ahmadi, 31 - have been arrested and sent to Tihar Jail.
A senior official said the Afghan men were living in India for the past few months and hold cards purportedly issued by the United Nations High Commission for Refugees (UNHCR). Twaab works as an event manager in Delhi and Sulaiman is unemployed.
“We have already recorded the statement of the rape survivor and her female friend with whom she had gone to a pub in Hauz Khas village and from there to the flat of the two Afghan nationals where she was raped,” a senior police officer said.
“The complainant’s friend has claimed that they were dropped to their hostel in JNU by her boyfriend and the two Afghan nationals after the party. While she stayed back, her friend accompanied them back to the flat,” he added.
The friend told police that the woman, a second year BA (Honours) student, learnt about the sexual assault only after she returned to the hostel the next morning. Her boyfriend was also present at the flat, but he was not involved in the crime and was not was aware that his two Afghan friends had raped the woman, a police officer said.
He added said that they will also record the statement of the third person who was present at the flat. Their statements will be corroborated with the rape survivor’s statement and her medical examination report while preparing the chargesheet.
The police have not registered the case under section 376D of the Indian Penal Code (IPC) that defines gangrape. The FIR was filed under section 376 (rape) of the IPC even though the woman said in her complaint that she was sexually assaulted by Twaab and Sulaiman.
The officer explained that during investigations it was found that the first alleged sexual assault on the woman was made allegedly by one of the two Afghan nationals at the flat before the women were dropped to their hostel.
“The other accused assaulted her when she returned (from JNU) with them to their flat. We have also added section 34 of the IPC which establishes that the crime was done with common intention,” he added.
In her complaint, the woman said that she along with a friend from her hostel had gone to a pub in Hauz Khas village last week where she met her friend’s boyfriend and the two Afghan nationals. From there they went to their flat for a bonfire party on the terrace.
Sources said that the woman was initially reluctant to file a police complaint as she feared for the reputation of her family and her father, who is a deputy superintendent of police (DSP) rank official in Uttar Pradesh.
She agreed to file the complaint only when her friend insisted and accompanied her to the Safdarjung Enclave police station.