STATE OF HARYANA Vs. KRISHAN KUMAR

JUDGEMENT

(1.) The State of Haryana has filed application for grant of leave to appeal against the judgement dated 18.2.2010, passed by the Addl.Sessions Judge, Bhiwani, vide which the respondents have been acquitted of the charges under Section 363, 366, 376, 120-B IPC.

(2.) Briefly the facts of the case are that on 27.7.2009, an application was forwarded to the police station from the office of Superintendent of Police, Bhiwani for taking legal action against the accused and two others, namely, Tinu and Salochna residents of Jituwala Johar Gali No.2, Bhiwani. Said application was filed by complainant Jagdish resident of Bound Kalan, District Bhiwani, wherein he stated that his minor daughter had gone to her maternal grant-mother at Jitu Wala Johar Gali No.2, Bhiwani for the last 15-20 days and on 22.7.2009, around 1.30 p.m. his daughter (prosecutrix), in conspiracy with other accused, was kidnapped by Krishan Kumar, respondent No.1. It was further stated that the matter was reported to Bidla Police Post, but no action was taken against the accused. He prayed that his daughter be freed from the clutches of the accused. On the basis of the said complaint, FIR under Section 363, 366, 120-B IPC was registered against the accused. Accused No.1 Krishan was arrested on 29.7.2009, and the prosecutrix was recovered from his custody. Statement of the prosecutrix under Section 164 Cr.P.C. was recorded, wherein she stated that she had been raped by accused Krishan. Thereafter, Section 376 IPC was added to the case. Accused Mahender was also arrested on 29.7.2009. During investigation, other two persons, namely, Tinu and Salochna were found innocent. After completion of the investigation, challan was presented against the respondents. Charge under Section 363/366/376(2)(g) IPC was framed against the accused to which they pleaded not guilty and claimed trial. To prove its case, the prosecution examined as many as 12 witnesses.

(3.) The prosecutrix appeared as PW1. She deposed that on 22.7.2009, when she was going on foot to the house of her aunt (Bua) from the house of her maternal uncle, accused Mahender, who is son of her uncle (Tau) met and offered to drop her to the house of her bua. When she alongwith Mahender was going to the house of her Bua, accused Krishan met them on the way and they went to a park. Thereafter accused Mahender went back and accused Krishan took her to a abandoned factory where he committed rape upon her. Thereafter accused Krishan took her to Delhi by train and solemnized marriage with her in a temple. Some documents were also prepared and her signatures were also obtained on those papers. Thereafter accused Krishan took her to Karnal in a farm house where he again committed rape upon her regularly for seven days. She further stated that on 29.7.2009, police arrived and recovered her from the custody of the accused.