Taking a tough stand, the fast-track court at Tis Hazari has formally framed charges against the two main accused in the case of gang rape of a minor girl in a moving sleeper bus in Delhi. The court has ordered to prosecute the bus driver Kuldeep and conductor Sandeep arrested in the case under various stringent sections of the kidnapping of a minor, gang rape and Protection of Children from Sexual Offenses Act (POCSO) Act. Considering the seriousness and sensitivity of the case, the court held an ‘in-camera’ (closed room) hearing and has now fixed October 24 as the date for starting the trial with recording the statements of the prosecution witnesses.
This matter came to light in the early week of August, when a 16-year-old class 11 student from Mainpuri, Uttar Pradesh had left to visit her relative’s house in Noida after a domestic dispute. She was waiting for a vehicle at Pari Chowk in Greater Noida during the rain when she helped a private sleeper bus to stop. The driver and conductor made him sit inside the bus on the pretext of taking him to Noida. After this, both of them pulled the curtains on the windows and raped the girl in a moving bus during the journey of about 47 kilometers from Pari Chowk to Kashmiri Gate in Delhi. The accused dropped the victim on the Ring Road near Kashmiri Gate Bus Terminal and fled after threatening to kill her. The victim showed courage and reached Kashmiri Gate police station and lodged a complaint.
Delhi Police, investigating the case swiftly, seized the sleeper bus used in the crime from a parking lot in Timarpur area and arrested both the accused. On September 18, the police had presented a detailed charge sheet of 398 pages in the Tis Hazari court, of which the court took cognizance. According to the investigating officers, the report of the Forensic Science Laboratory (FSL) has emerged as the most conclusive evidence in the case. Biological evidence (semen and hair samples) collected from the victim’s clothes, bus seats and steering wheel 100% matched the DNA profiles of both the accused. Apart from this, CCTV footage of the route and statements of more than 10 witnesses have also been made a part of the chargesheet.
The charge sheet also reveals serious violations of bus operating and safety standards. Investigation revealed that the CCTV camera of this private sleeper bus running under ‘Vishwanath Tour and Travels’ was faulty and the windows were covered with opaque curtains. Panic buttons and vehicle tracking systems (GPS), mandatory for the safety of women, were completely missing in the bus. Not only this, the bus owner had hired the driver and conductor without any police verification and there were already several challans pending on the bus. After the incident, the National Human Rights Commission (NHRC) and Delhi Women Commission had also called for a report in the matter.
After framing of charges, the prosecution has now requested the court to hold hearing on day-to-day basis to provide speedy justice to the victim. Under the provisions of the POCSO Act, there is a rule to complete the trial as soon as possible after the charge sheet is filed in such heinous cases. During the first hearing on October 24, the government lawyer will begin the process of formally proving before the court the testimony of witnesses, reports of doctors and forensic experts.