STATE OF HARYANA Vs. VIRENDER SINGH

JUDGEMENT

(1.) The State of Haryana has filed the present criminal writ petition impugning the order dtd. 5/2/2015 whereby the respondent-accused has been acquitted by the Principal Magistrate, Juvenile Justice Board, Kurukshetra.

(2.) As per facts of the case, the respondent-accused was prosecuted in case FIR No. 342 dtd. 28/12/2011 registered under Sec. 376, 365, 452, 366 and 506 IPC at Police Station, Pehowa.

(3.) The victim had lodged the FIR on the allegations that on the intervening night of 27/28/12/2011 she was sleeping in a room of her house and at about 10.30 PM respondent-accused Virender Singh came on the roof and entered into her room and asked her to accompany him. He threatened her not to raise the noise otherwise she and her family members would be killed. She along with the accused came in the street situated in front of her house. She was forced to sit on the motorcycle and was taken to the shop of the respondent-accused situated at Court Chowk, Pehowa, where his mother was also present who closed the shutter of the shop from outside. Thereafter, respondent-accused committed rape with her and she was threatened not to disclose anything to anyone failing which her family would be eliminated. After committing rape she was shunted out from the shop. On returning back to home she disclosed the incident to her parents and resultantly the FIR was lodged. On conclusion of the investigation the challan was presented by the investigating agency. The juvenile was sent to the observation home. Both the sides produced their respective evidence before the Juvenile Justice Board and on conclusion of the same the accused was acquitted vide order dtd. 5/2/2015.