SAMINA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 05.08.2019 as rendered by learned Additional District and Sessions Judge, Fast Track Court, Sonepat whereby respondent no. 2 Rahisu had been acquitted of the charges as levelled against him under Sections 365, 376, 506, 201 IPC, the appellant has preferred the present appeal.

(2.) Shorn and short of unnecessary details, the facts leading to the prosecution of respondent no.2 in the instant case, are that on 26.11.2016, respondent no.2 went to the house of the prosecutrix and asked her to give him Rs.1000/- or Rs.1500/- for the repair of his vehicle which had broken down near the pond of the village. She arranged for the said amount and went to the pond to hand over the same to respondent no.2 but he forcibly pulled her inside the car and put some cloth on her mouth and she fell unconscious. On regaining the consciousness, she found herself at an unknown place and respondent no.2 raped her while threatening that if she disclosed this incident to anyone, he would kill her as well as her family members. On the next day, respondent no.2, along with his relatives Sattar and Irshad, brought her to the Police Station Sadar, Sonepat and while threatening her, he asked her to make a statement before the police regarding her having voluntarily gone with him. She signed some documents at the said Police Station and then, she was taken to Police Station Kundli and her husband and brother, who had come there, took her to Village Jatwara, Sonepat.

(3.) On the basis of the complaint containing the afore-mentioned allegations of the prosecutrix, a formal FIR was registered and respondent no.2 was arrested. The statement of the prosecutrix was also got recorded under Section 164 Cr.P.C. Respondent no.2 as well as the prosecutrix were got medico legally examined. The site plan of the place of occurrence was prepared and the statements of the witnesses under Section 161 Cr.P.C. were also recorded. On completion of the necessary investigation, the final police report under Section 173 Cr.P.C. was prepared and was forwarded to the Court. Learned Trial Court, after perusing the entire material available on the record, charge-sheeted respondent no.2 for having committed the offences punishable under Sections 365, 376, 506 IPC.