SALEEMA Vs. CHAND

JUDGEMENT

(1.) THE complaint in Crime No.78/2009 was registered with Bhalki Rural Police Station for the offences punishable under Sections 448, 366, 376 read with Section 149 of IPC against respondents. The appellant herein has come up in this appeal seeking to quash the judgment dated 17.08.2013 passed in S.C.No.56/2010.

(2.) ADMITTEDLY the complaint which was filed by the father of appellant was investigated by Bhalki police and thereafter charge sheet was filed by them for the aforesaid offences alleged against accused Nos.1 to 7. The case of the prosecution is that the victim, appellant herein aged about 19 years as on the date of the complaint was forcibly taken out from the house of the complainant at Bhalki by 1st respondent herein with the assistance of respondent Nos.2 to 7 with an intention to forcibly marry the victim.

(3.) IT is the case of the victim that she was forcibly taken from her parents house on 24.06.2009 by 1st respondent in a jeep bearing No.KA -39/M -356. It is stated that initially she was taken to a lodge at Lathur then she was taken to Solapur and thereafter to Mumbai on 27.06.2009. It is further contended by the victim that, when she was in illegal custody of 1st respondent, he tried to coerce her to get married to him. Since she refused, 1st respondent committed rape on her twice in the hut, which was in Mumbai. In the meanwhile based on the complaint filed by her father, police traced her in Mumbai and she was rescued from the clutches of the respondents. Subsequently, investigation was completed and charge sheet was filed against respondent Nos.1 to 7 in the aforesaid proceedings.