SUHAIL Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Having heard learned counsel for the parties, the facts emerging out of the petition are that respondent no. 3 Heena @ Khusi espoused with Sushil on 09.02.2011 at Arya Samaj Mandir, Muzaffarnagar (Uttar Pradesh). Since this was a inter-religion marriage, family members of Heena were not pleased with the same and that is why the couple has filed a petition no. 101 (Crl.) of 2011 before this Court and the Division Bench of this Court vide order dated 17.02.2011 granted protection to the espoused couple and accordingly, made an order to the Senior Superintendent of Police concerned.

(2.) They were sailing the boat amicably and peacefully but the misfortune came in their life on 03.09.2012, consequently, a report was lodged by Sushil Kumar, husband of Heena. On 03.09.2012, he left his house at 06.00 a.m. for Afzalgarh, U.P. At 09.15 a.m. when he reached Dhampur, he received a phone call of her wife Heena and came to know that she has left the house. He immediately returned to his home and found that Heena was missing with their marriage certificate. Certain jewellery nay a cash of Rs. 19,000/- were also missing, so he lodged an FIR at the outpost of Kotwali Manglore on 03.09.2012 at 03.00 p.m. Heena was recovered by police on 14.09.2012 at 10.30 a.m. from Mangalore Bus Stand and was taken before the Sub Divisional Magistrate of the area where her statement was recorded.

(3.) It revealed from her statement that she was taken away by petitioner Suhail, who is her real cousin, in the morning of 03.09.2012. She veiling herself in a cloak and became a pillion rider of his motorcycle. Suhail took her to his underconstructed house in Mohalla Qila. Suhail persuaded her to stay in the house for a day or two because there was a tense atmosphere regarding her marriage with Sushil. She acceded his advice but after passing of 5-6 days, she pressed Suhail to leave her in parents' house. On this, she was beaten by him with slaps and subjected to forcible sexual intercourse by Suhail.