SUSHILA Vs. STATE OF UTTAR PRADESH AND ORS.

JUDGEMENT

(1.) The instant criminal appeal has been filed against the judgment dated 26.8.2014 passed by the learned Additional Sessions Judge, Court No. 2, Ghaziabad in Sessions Trial No. 361 of 2008, State Vs. Hariram Sharma, relating to Case Crime No. 1408 of 2007, Police Station Sahibabad, district Ghaziabad whereby learned trial judge has acquitted the opposite party no. 2 Hariram Sharma from the charges under Sections 376, 323, 504 and 506 I.P.C.

(2.) We have heard learned counsel for the appellant and learned A.G.A. appearing for the State on the point of admission and perused the records.

(3.) Some background facts giving rise to this appeal are that the prosecutrix Sushila wife of Suresh Chand Sharma lodged a written report at Police Station Sahibabad, district Ghaziabad to the effect that she has an ancestral house consisting 9 rooms. Five tenants were residing in that house. Some days prior to the occurrence, her brother-in-law (Nandoi) Hariram Sharma came to live in that house. He was rented a room by the prosecutrix. Hariram Sharma, who was a widower, had an evil eye on the prosecutrix. When the prosecutrix made complaint about this fact to her husband and her husband forbade Hariram Sharma to do so, Hariram Sharma with the help of some unsocial elements assaulted her husband and threatened to kill him. One day when husband of the prosecutrix was out of the home due to fear of Hariram Sharma, he entered into the room of the prosecutrix with a knife in his hand and on the point of knife, committed rape with her. After that he threatened the prosecutrix that if she dared to inform this episode to any one, he would cut her into pieces and would pour acid on her. Thereafter, Hariram Sharma continued to rape her forcibly several times. He used to lock the prosecutrix inside a room at the day time and in the night made forcible physical relation with her. On 17.12.2007 she, some how managed to make a phone call to her son. When her son reached at the house, Hariram Sharma committed MAARPIT with him. The prosecutrix some how managed to run away from the house and went to Surendra Mohan Hospital where she got herself admitted in ICU due to her serious physical condition.