MRIDULA Vs. KAMAL AND OTHERS

JUDGEMENT

(1.) This application has been filed under Section 378 (4) of the Code of Criminal Procedure ('Cr.P.C.' for short), seeking leave to file appeal against the judgment dated 18.1.2012, passed by the learned Additional Sessions Judge, Rewari.

(2.) Facts first. Prithvi Pal son of Mam Chand, resident of Dhani Bhandor, sought to set the criminal law into motion, by getting his statement recorded on 30.12.2009, before ASI Bhagat Singh at Gopal Devi Chowk, Rewari. He alleged the commission of offence under Sections 376 (2) (g), 323, 325, against the accused respondents. The learned trial court noted the following facts, in para 2 and 3 of the impugned judgment:-

(3.) On the statement Ex.PA, the police proceedings were recorded and ASI Kabool Singh made endorsement Ex.PA/1 and sent the same for registration of the formal FIR. On the basis of the statement Ex.PA and endorsement Ex.PA/1 made thereon, the formal FIR Ex.PN was registered for commission of the offences punishable under Section 376 of the Indian Penal Code. The investigations were commenced. The prosecutrix was medico legally examined vide MLR Ex.PE. The prosecutrix was again medico legally examined on 1.1.2010 vide supplementary MLR Ex.PF. After conducting the medical examination of the prosecutrix, the Medical Officer handed over the sealed parcel containing the clothes worn by the prosecutrix, two slides, two test tubes along with cotton swabs band sample seal to the police which were taken in possession vide recovery memo Ex.PR. The accused Kamal Kumar was arrested. He was medico legally examined vide MLR Ex.PJ and handed over sealed parcels containing the underwear, sample of blood as well as sample seal which were taken in police possession vide memo Ex.PT. The scaled site plan Ex.PM of the place of occurrence was prepared. The photographs Ex.P1 to Ex.P4 of the place of occurrence were taken. The broken pieces of glass bangles Ex.P5 were taken in police possession vide recovery memo Ex.PS. The rough site plan Ex.PU of the place of occurrence was prepared. The supplementary statement of the prosecutrix Ex.DA dated 12.4.2010 was recorded which bears her signature. Similarly, the statement of Mamta Ex.DB was recorded under Section 161 of the Code of Criminal Procedure on 30.12.2009. The prosecutrix has moved an application Mark-A to the Inspector General of Police, District Rewari for conducting fair investigation by the senior police officer. On the basis of the application Mark-A, the further investigations were conducted by the Deputy Superintendent of Police, Rewari, who on verification of all the facts and allegations made in the written complaint Mark-A has submitted his report Ex.DW4/A wherein which he found the accused Sonu and Pradeep innocent. On the basis of the medical record, the offences punishable under Sections 323 and 325 of the Indian Penal Code were also inserted. The statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. After completion of necessary investigation, a final report under Section 173 of the Code of Criminal Procedure was prepared and presented in the court for putting the accused Kamal Kumar on trial. Starting the investigation, Investigating Officer visited the alleged place of occurrence. Rough site plan Ex.PU was prepared with correct marginal notes. Statements of witnesses were recorded. Accused-respondent No.1 Kamal Kumar was arrested. After completion of investigation, report under Section 173 Cr.P.C., was presented to the learned court of competent jurisdiction. The relevant documents were supplied to the accused persons, as per law. Finding the offences to the triable exclusively by the court of Sessions, the case was committed to the learned court of competent jurisdiction. Having found a prima facie case, charge was framed against the accused Kamal Kumar, for the commission of offences under Sections 323, 325, 376 of the Indian Penal Code ('IPC' for short), who pleaded not guilty and claimed trial.