The court, while framing the charge under section 376D of IPC against Balwinder, Deepak, Aakash, Aman and Sundar, said it has to prima facie see whether material available on record connects the accused with the commission of the alleged offence.
"Prima facie case under section 376 (D) (gangrape) of IPC is made out against all the accused persons except the accused Rohit," Additional Sessions Judge Sanjiv Jain said while noting that Rohit got down from the car after abducting the woman.
All the accused pleaded not guilty and claimed trial after which the court posted the matter for recording of evidence on November 3.
The court in its order said, "The incident happened at night at odd hours and may be the prosecutrix is a performing artiste but her statement shows that that she was abducted for illicit intercourse and was gangraped. She was threatened to kill."
According to police, on May 16, the woman was allegedly gangraped by the accused at a house in Dakshinpuri here after being kidnapped from Defence Colony area.
According to police, the woman, a resident of Uttam Nagar, worked with an event management firm as a performing artiste on contract basis.
It said the woman was pulled out from an auto into the car by the accused. The auto rickshaw driver noted down the car's number and had informed the police.
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