SUKHDEVI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Challenge in this criminal revision is to the judgment of acquittal passed by learned Additional Sessions Judge, Jhajjar, on 16.12.1998.

(2.) The brief facts of the case are that Kamla wife of Lal Bahadur was working as a teacher in village Sasroli. On 25.2.1993, when she was present in the school, her brother-in-law (Nandoi), Hari Parkash, came to her and she accompanied him to her house at village Sasroli and after cooking meals, she served the same to Hari Parkash. The husband of Kamla, who was also a teacher, had been away to another village being on duty for Board's examinations and, therefore, she used to go to her village Dighal after school hours. On 25.2.1993, when she could not get bus from bus stand, Sasroli, Kamla and Hari Parkash went to Matanhail by a three-wheeler and from there to Chhuchhakwas. It was dark by the time and hence Hari Parkash and Kamla went to the house of one Raja Ram, driver, since he was known to Hari Parkash. As there was no room available in the house of Raja Ram, all the three came to the bus stop of that village for search of a vehicle. In the meantime, a police personnel came there. They consumed liquor there. Thereafter, Raja Ram left that place, whereas police personnel remained there. After some time, the said police personnel took them to a house, where there was no light. After few minutes, they were taken out of the house by the police officials and started levelling false allegation of maintaining illicit relations against them. Hari Parkash asked the police to verify the facts from Raja Ram. The police personnel, on the pretext of going to the house of Raja Ram, took both of them to a police post in stead of the house of Raja Ram. The policeman, namely, Azad Singh alongwith one more police personnel reached there. The belongings of Kamla were checked. The police personnel, who had taken them to police post, started beating Hari Parkash and handcuffed him.

(3.) The police personnel asked Hari Parkash to obtain her consent for sexual intercourse but he begged pardon and requested the police personnel to leave them. The police personnel also gave beatings to Kamla so that she may accord her consent for sexual intercourse but all in vain. The two police personnel caught her by hand and took to a room, where rape was committed by them with Kamla. The third policeman, Azad, also wanted to have intercourse with Kamla but on being refused by her, he refrained himself. Next morning Kamla and Hari Parkash were left by the police personnel at the bus stop from where they boarded the bus and went to Medical College, Rohtak and tried to inquire about the names of the police personnel but all in vain. They are also alleged to have gone to the Police Station at Beri but no action was taken. Thereafter they presented an application to the Deputy Inspector General of Police, Rohtak Range, Rohtak, and at his instance the present case was registered on 22.3.1993.