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Dhaula Kuan gang rape: Girl's testimony sealed fate of accused

The 20-year-old girl stood by her statements and identified Katiyar as the culprit first in the test identification parade in the Tihar jail and then during the trial.

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The unequivocal and consistent testimony of the victim in the sensational Dhaula Kuan gangrape sealed the fate of lone accused arrested Ajit Singh Katiyar.

"So far as the charge of gang rape is concerned, the victim has been found to be consistent in her testimony and otherwise also she has been corroborated on material aspects by other witnesses," additional sessions judge Neeraj Kumar Gupta, who awarded 14 years jail term to the convict, said in the judgement.

The 20-year-old girl not only stood by her statements, given to the police and a magistrate, but also identified Katiyar as the culprit first in the test identification parade in the Tihar jail and then during the trial.

The court, in its 71-page judgement, rejected the plea of defence counsel that Katiyar has been framed by the police at the instance of the victim.

"It is not the case that the victim had some previous enmity or quarrel with the accused, a motive for falsely implicating the accused to settle a score...," it said.

It has also not been established that police had any reason to implicate the accused, it said, adding no girl would take such a step to implicate a person.

There was no apparent reason as to why the victim would level a grave allegation which could ruin her life, unless she was subjected to such a gruesome physical assault, it said.

The court took strong note of alleged aspersions cast on the character of the complainant during the trial by the defence counsel, saying the private life of the victim has nothing to do with with the case.

"It cannot be said that a lady, who has already lost her virginity, is an unreliable person," the court said, rejecting the plea that the victim had sexual relations with others before the incident.

The testimony of the victim cannot be equated with that of an accomplice, and an accused can be convicted on the basis of such statements as they needed no corroboration, it said.

The court also relied on the medical evidence regarding the fact that the victim was drugged before being raped.

The court also discussed the failure of the police in recovering the firearm and the car used in the offence.

The victim was abducted on May 8, 2005 when she was walking back home after buying food from a roadside eatery along with a friend and was raped by four accused in a car near Dhaula Kuan in South Delhi here.

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