LAWS(P&H)-2012-7-334

SUNITA Vs. STATE OF HARYANA & ORS

Decided On July 18, 2012
SUNITA Appellant
V/S
State Of Haryana And Ors Respondents

JUDGEMENT

(1.) The contour of the facts, culminating in the commencement, relevant for the limited purpose of deciding the core controversy, involved in the instant petition, for special leave to appeal and emanating from the record, is that, according to the prosecution version that on 22.4.2009, the prosecutrix alongwith her son Sachin was going to meet her maternal uncle in village Modipur. Accused Dharambir came there on his motorcycle with two other persons and forcibly took her to a room, kept her & her son there till 24.4.2009 and committed rape turn by turn. Dharambir accused was stated to have threatened her that in case she disclosed the incident to the police, then, her entire family would be eliminated. In the background of these allegations and in the wake of complaint of the prosecutrix, the present case was registered against the accused-respondent Nos.2 to 4, vide FIR No.179 dated 25.4.2009, on accusation of having committed the offences punishable under sections 366, 376(g) & 506 IPC by the police of Police Station Kunjpura, District Karnal, in the manner depicted here-in-above.

(2.) Having completed all the codal formalities, the trial Court acquitted the accused respondents, by virtue of impugned judgment of acquittal dated 17.3.2010.

(3.) The petitioner-prosecutrix did not feel satisfied and preferred the instant petition for special leave to file appeal, invoking the provisions of Section 378(3) Cr.PC.