STATE Vs. RANI

JUDGEMENT

(1.) VIDE this petition, the State has challenged the impugned order dated 22.04.2010, whereby, the respondent/accused Rani has been discharged from the case.

(2.) AS per prosecution story in the intervening night of 13/14.09.2007, the prosecutrix Anita was kidnapped from the lawful guardianship and has been taken by the accused Rani with the purpose of marrying her with one Neeraj who was known to her. The co-accused Neeraj had committed rape upon her.

(3.) IN the evening, at about 10.00 p.m. Rani had taken her in the Auto and at about 11.00 p.m. had got stopped the TSR at one place and went to tea stall. One boy was already present there. Rani had introduced him stating that he was the boy of her friend. There, prosecutrix and Rani had taken the tea. She felt drowsy and became unconscious. When, she regained her consciousness on the next day i.e.14.09.2007, she found herself in the room and her clothes were removed. IN the meantime, Rani had come and got wore the clothes. Thereafter, they came to the hospital. IN the night, her sister had delivered the child. She along with sister and brother and Rani had come to Kaushik Gali. On 15.09.2007 she disclosed all the facts to her sister.