New Delhi: A Delhi court has framed charges against a bus driver and conductor accused of kidnapping and allegedly gang-raping a 16-year-old girl inside a sleeper bus in August, holding that the evidence against the two accused would be tested during the course of the trial.
Special Judge (POCSO) Sonam Gupta framed charges against Kuldeep and Sandeep, a week after the Delhi Police filed a chargesheet of around 400 pages in the case.
The accused have been charged under the Bharatiya Nyaya Sanhita (BNS) with offences including kidnapping, wrongful confinement, kidnapping for marriage or sexual intercourse and gang-rape. They have also been charged under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act for aggravated penetrative sexual assault.
The court rejected the defence argument that the evidence had been “concocted” by the police because of media pressure, observing that the material would be examined during the trial.
The case has been listed for October 24 for recording the victim’s evidence. A detailed copy of the court’s order was not available.
Court frames charges against two accused
During the hearing, Special Public Prosecutor Nimmi Sisodia argued that the statement of the girl and those of other witnesses prima facie supported the prosecution’s case.
According to the prosecution, the girl was taken away, confined inside the bus and sexually assaulted before being abandoned near Kashmere Gate.
At the stage of framing charges, the court considers whether there is sufficient material to proceed against the accused. The charges themselves do not amount to a finding of guilt, which will be determined after the evidence is examined during the trial.
The defence had challenged the prosecution’s version and alleged that the evidence had been manufactured under pressure arising from media coverage of the case.
The court, however, declined to accept that contention at this stage and allowed the prosecution case to proceed to trial.
Girl was travelling from Mainpuri to Noida
According to the prosecution, the girl, a Class 11 student from Uttar Pradesh’s Mainpuri, was travelling to Noida on the night of August 4 to meet her cousin.
She allegedly got off at the wrong location amid heavy rain.
The prosecution said that the girl subsequently flagged down a sleeper bus. The conductor allegedly told her that the bus was travelling towards Noida Sector 63.
Police, however, alleged that the bus was not carrying passengers at the time and was returning after undergoing repairs at a workshop in Greater Noida.
The difference between the girl’s understanding of the bus’s destination and the police version of its movements forms part of the prosecution case being examined by the court.
Prosecution alleges sexual assault inside bus
According to the prosecution, the conductor allegedly behaved inappropriately with the girl after the bus began moving.
The police have alleged that both the conductor and driver subsequently sexually assaulted her during the journey.
The prosecution further alleged that the accused threatened to kill the girl if she resisted.
The girl was eventually allegedly left near the Kashmere Gate bus terminal.
She then took an autorickshaw to a police station and reported the alleged incident, according to the prosecution.
The allegations against the accused are yet to be tested through evidence during the trial.
CCTV helped police trace the bus
The Delhi Police subsequently traced the bus using CCTV footage, according to the prosecution.
Police said the vehicle was traced to a parking area in Timarpur within hours of the complaint.
The two accused, both residents of Kanpur, were arrested following the tracing of the bus.
The police later filed a chargesheet of around 400 pages, setting out the evidence and allegations relied upon by the prosecution.
The court has now framed charges, paving the way for the evidentiary stage of the trial.
Victim’s evidence to be recorded on October 24
The next significant stage in the proceedings will be the recording of the victim’s evidence.
The matter has been listed for October 24 for recording her statement before the court.
The prosecution’s case will be tested through the testimony of the victim and other witnesses, as well as documentary, forensic, CCTV and other evidence relied upon by the investigating agency.
The defence will have an opportunity to challenge the prosecution evidence during the trial.
The court’s decision to frame charges means the case will proceed to the next stage, but it does not establish the guilt of either accused.
Case filed under BNS and POCSO Act
The charges include serious offences under the Bharatiya Nyaya Sanhita as well as the POCSO Act because the alleged victim was 16 years old at the time of the incident.
Section 6 of the POCSO Act deals with aggravated penetrative sexual assault and prescribes stringent punishment upon conviction.
The case therefore involves both general criminal law provisions relating to kidnapping, confinement and gang-rape and the special protections provided to children under the POCSO law.
The trial will determine whether the prosecution can establish the allegations against the accused beyond the required legal standard.
Trial will determine allegations against accused
The framing of charges marks an important procedural step in the case arising from the alleged assault inside the sleeper bus.
The prosecution maintains that the girl was taken away, confined and sexually assaulted before being abandoned near Kashmere Gate. The defence has disputed the prosecution’s case and questioned the reliability of the evidence.
The court has found sufficient grounds at this stage to frame charges, but the evidence will now be tested through the trial process.
With the victim’s evidence scheduled to be recorded on October 24, the proceedings will move into a crucial phase. The final outcome will depend on the evidence presented before the court and the arguments advanced by both the prosecution and defence.