SONIA Vs. NITIN SAINI

JUDGEMENT

(1.) These two appeals are filed against the judgment of acquittal, one is preferred by the victim girl (name withheld) and another is preferred by the State of Uttarakhand. The appellants have challenged judgment and order dtd. 17/10/2013 passed by the learned Additional Sessions Judge, Roorkee, District - Haridwar in Session Trial No. 150 of 2012 acquitting the respondent of the charges of offences punishable under Sec. 420, 376 and 506 of the Indian Penal Code, 1860 (hereinafter referred to as "the Penal Code" for brevity).

(2.) The case of the prosecution, in short, is that on 7/3/2012 at about 8:30 am, the prosecutrix appeared before the S.H.O, Police Station - Gangnahar, Roorkee District - Haridwar and presented an F.I.R. to the effect that she was acquainted with the respondent - Nitin Saini since 2010 whose mobile number is 9058546051. She further stated that he was keeping illicit relationship with her giving false assurance for marriage. Though, the prosecutrix was distressed by such relationship, she never told about it to anybody about her relationship but after two years of such relationship, she lodged the F.I.R. under compulsion, as the respondent did not fulfil his promise that he made to her. She further alleged that the respondent threatened her that if she discloses it to anybody, he will kill her. From the perusal of the FIR, it is also apparent that they met outside the Patanjali Yog Peeth where she was going to get treatment and the respondent was working there.

(3.) On receipt of such an F.I.R., a case crime no. 96 of 2012 under Ss. 420, 376 and 506 of the Penal Code was initiated by S.H.O. Police Station - Gangnahar, Roorkee and the matter was taken up for investigation. In course of investigation, the Investigating Officer examined the complainant and other witnesses. The Investigating Officer got the complainant / prosecutrix medically examined. After completion of investigation, she submitted a charge sheet for the aforesaid offences. During the course of investigation, statement of the victim girl was recorded under Sec. 164 of Criminal Procedure Code (hereinafter referred to as "the Code" for brevity) by the learned jurisdictional Magistrate. The defence during the course of trial took a plea of denial.