SATPAL Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The instant application under Section 378(3) of the Code of Criminal Procedure ('Cr.P.C.' for short), has been filed for leave to file appeal against the judgement of acquittal dated 30.7.2011, whereby respondent no.2 was acquitted of the charge framed against him.

(2.) The criminal law was set into motion by the applicant by making his statement Ex.P-4. The allegation against the accused-respondent no.2 was that on the intervening night of 2/3.9.2010, he kidnapped the prosecutrix, who was minor being aged about 17 years, from the lawful guardianship, without her consent. It was further alleged that respondent no.2 induced prosecutrix to marry with him. It was also alleged that the accused forced the prosecutrix to have undesirable relation with him and he sexually assaulted the prosecutrix from 3.9.2010 to 5.12.2010. For the sake of brevity, it would be appropriate to refer to the facts recorded by the learned trial court, in para 2 of the impugned judgement and the same read, as under :-

(3.) The investigation was started on the basis of above said allegations. The accused was arrested, who suffered disclosure statement Ex.P-6. On the basis of disclosure statement, the Investigating Officer visited the place of occurrence. A rough site plan Ex.P-19 was prepared with correct marginal notes. The prosecutrix was medico legally examined, vide MLR Ex.P-13, from Dr. Balwinder Kaur PW-6. Statement of the prosecutrix was got recorded under Section 164 Cr.P.C., as Ex.P-15 Statements of other witnesses were also recorded. After completing the investigation, report under Section 173 Cr.P.C. was presented to the learned court of competent jurisdiction. Relevant documents were supplied to the accused, as per law. Since the offence was exclusively triable by the learned court of Sessions, the case was committed to the learned court of competent jurisdiction for trial thereof. Having found a prima facie case, charge was framed against the accused for the offences, punishable under Sections 363,366 and 376 of the Indian Penal Code ('IPC' for short). The accused pleaded not guilty and claimed trial.