It was the 20-year-old victim’s “consistent and unequivocal” statement that clinched the case for the prosecution in the Dhaula Kaun rape case. Chronology
Additional Sessions Judge Neeraj Kumar Gupta took note of the fact that the victim had clearly identified accused Ajit Singh Katiyar from nearly 120 accused produced before her at Tihar Jail in a test identification parade five days after the incident.
Even before the court, she did not waver and stood by every word she had given to the police, the court observed.
The court noted that her statements were in consistence with the version given by her friend, who had escaped from the clutches of the accused.
“Offence of abduction, gang rape, administering stupefying drug, criminal intimidation and group liability has been proved against the accused,” the court noted.
Case had nearly collapsed
The prosecution had suffered a set back during the trial as glaring discrepancies had come to the fore regarding the date and place of the arrest of the accused.
Various policemen involved in the probe had given contradictory statements.
Sub-Inspector Charan Singh, deposing as a witness, had first said the accused was arrested on May 14, 2005, but later said it was the day before.
Singh also changed his statement about the place of arrest of the accused. Another witness, who had first claimed to see the occupants of the car dump the victim near a gurdwara, also turned hostile.
The court also upheld the forensics reports and the medical examination report tabled by the police.
The police had recovered condoms and books with sexual content from Katiyar's house in East Delhi.
From the records, the court also found that on the day of the incident Katiyar, a cab driver with a BPO company in Noida, had been missing from his home and office after 5.30 p.m.
The judge also dismissed Katiyar’s contention raising objections on the character of the victim.