KAVITA Vs. STATE OF HAYRANA

JUDGEMENT

(1.) Ms. Deepa Singh, Advocate, who is present in Court, is appointed Amicus Curiae.

(2.) This revision has been filed by prosecutrix challenging the judgment dated July 15th, 2003 passed by Additional Sessions Judge Ad-hoc, Jhajjar, whereby, respondents No. 2 and 3 were acquitted in case bearing First Information Report No. 36 dated February 8th, 2002 under Sections 363, 366, 376 and 506 of Indian Penal Code, Police Station Sadar Bahadurgarh, District Jhajjar.

(3.) Facts. On January 28th, 2002, prosecutrix (PW-10), aged about 18 years, met Jai Parkash in the Bazar in Jhajjar. She was student of 12th class. Jai Parkash told her that she was being called by her brother Jagbir. She accompanied him. At a little distance, a car was parked. He pushed her inside the car. She became unconscious. He threatened her with dire consequences if she raised alarm. Jai Parkash's brother Jitender alias Manju also reached there. She was administered two tablets by Jitender. She again became unconscious. She was kept in a room in jungle where besides Jitender, 2/3 other persons were present. Jai Parkash left the spot. She was kept in that room upto February 8th, 2002, that is, for 12 days. During that period, Jitender continued raping her. On February 8th, 2002 Rajroop-father of prosecutrix moved complaint (Exhibit PH) to Jai Singh, Assistant Sub- Inspector, Police Post Chhara. First Information Report (Exhibit PH/2) was recorded. The Police started searching the prosecutrix and on the same day, Jai Singh found the prosecutrix and Jitneder-accused sitting at the Bus Stand, Bahadurgarh. Jitender was arrested. Statement of the prosecutrix (Exhibit PK) was recorded. She was medically examined by Dr. Manju Lata (PW-1).