DOLLY Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) This is an application by the prosecutrix of a case registered at Police Station Panjokhra by way of FIR No. 70 dated 28.9.2009 for an offence punishable under sections 292, 376 and 506 of the Indian Penal Code for leave to appeal against the judgment dated 30.10.2010 passed in the case by learned Additional Sessions Judge, Ambala vide which Satish Kumar, respondent no.2 has been acquitted of the charge. The case set up against Satish Kumar, is as under:-

(2.) Framing charge for an offence punishable under sections 292, 376 and 506 of the Indian Penal Code against the accused, to which he pleaded not guilty and claimed trial, the trial commenced in which eleven witnesses are shown to have been examined by the prosecution. The accused was thereafter examined in terms of section 313 of the Code of Criminal Procedure, in which he has denied the truth of the prosecution evidence put to him in the shape of questions and has claimed himself to be innocent and to have been falsely implicated. In defence, he examined two witnesses and closed the same.

(3.) Hearing learned Public Prosecutor for the State and learned counsel for the defence, learned trial court found the prosecutrix to be a consenting party. On that account, learned trial court has held that the prosecution has failed to bring home the charge against the accused. Consequently, the accused was acquitted of the charge.