New Delhi: One of the convicts in the Dhaula Kuan gang-rape case on Friday sought leniency by pleading in the court that his four-year-old daughter was born on the day of the crime for which he has been held guilty.
"I have never brought this fact on record before this court but today I am pleading that I need to look after my four-year-old daughter who was born on the same day, the offence is said to be committed. Please grant me leniency in sentence," convict Usman told the court through his lawyer Amit Srivastava.
Public Prosecutor Satvinder Kaur vehemently opposed the plea saying that at this stage, no new facts could be brought on record.
"It is a very important defence if true, but why was it not mentioned before the court during these four years," Kaur said, questioning the authenticity of the statement of defence counsel.
"I know this fact is not going to change the fate of my client as he has already been convicted by this court. That stage is over but keeping in mind the tender age of my three children including the four-year-old, leniency may be granted," Srivastava said.
During the trial, Usman had claimed that he was not involved in the crime of gangraping the BPO executive woman as he was having personal animosity with other four persons convicted for the crime.
"I have a 10-year-old daughter, five-year-old son and a four-year-old daughter, whom I have not seen since I was arrested in the case. My younger brother is in a vegetative state and I have aged mother to look after," he pleaded.
On completion of the argument, Additional Sessions Judge Virender Bhat reserved the order for October 20.
On October 14, Usman alias Kale, Shamshad alias Khutkan, Shahid alias Chhota Billi, Iqbal alias Bada Billi and Kamruddin alias Mobile, all residents of Mewat region in Haryana, were convicted for the offences under sections 365 (abduction), 34 (common intention), 376(2)(g) (gangrape) and 506 (criminal intimidation) with 34 of the IPC.
Usman was among the first two accused arrested in the case on December 2, 2010 from his village Dhauj in Mewat region of Haryana.
The victim, who hailed from northeast, identified Usman correctly during the Test Identification Parade (TIP) which led to the arrest of three other accused in the case.
According to police, all the convicts including Usman had abducted the victim on the intervening night of November 23-24, 2010, when she was returning home from her office.
The convicts then took the victim to Mangolpuri gangraped her, and left her at an isolated road.
The case had forced Delhi Police to issue an order to all BPOs in Delhi NCR to drop women employees home safely and provide them security at night.
The incident also led police to issue specific directions to PCR vans to remain visible on roads and that one officer should remain outside the vehicle round-the-clock.