According to the chargesheet, the victim was raped in December 2016, following which a person, namely Wasim Malik, was arrested after the victim identified her in the TIP.
THE CHANDIGARH district court on Friday framed charges against the two accused in the 2016 auto gang rape case. The next date in the case is August 2.
The charges have been framed against Irfan Mohammad and Kamal Hassan under section 376D (gang rape) of the Indian Penal Code by Additional District and Sessions Judge Poonam R Joshi.
Police in the chargesheet against the accused have attached the TIP (Test Identification Parade) report and the DNA report of both the accused. The DNA reports of the accused duo have matched with the swabs taken from victim’s clothes, while the victim has also identified the duo in the TIP.
According to the chargesheet, the victim was raped in December 2016, following which a person, namely Wasim Malik, was arrested after the victim identified her in the TIP. The police, however, failed to collect evidence against Malik in the case during his remand. Meanwhile, Malik was granted bail by the court this April when Irfan and Kamal were arrested in March.
The police have also attached the statements of the victim under Section 164 CrPC in the chargesheet in which the victim has stated that when the incident occurred, she was in trauma due to which she had identified a wrong man as accused because Malik was not the person who raped her and he was innocent. However, Irfan and Kamal were identified as the real culprits this year.
The victim was raped by two men in a secluded area behind Iron Market, Sector 29, in December 2016. She hired an auto driven by the accused Irfan and with Kamal sitting inside. Irfan drove the auto to a jungle area at Sector 29, where he and Kamal raped the woman at knifepoint. After this, they told her that they have recorded her video and then dropped the woman at the Tribune roundabout. The accused also gave the victim a pill and told her that if she took that, she would not become pregnant. And, before escaping, the accused duo took away the victim’s phone.
Irfan and Kamal were arrested this year for a case wherein they had allegedly raped a Dehradun woman last November. But, during their interrogation, they confessed to having raped another woman in December 2016 as well following which Irfan was arrested first and Kamal later.