SUMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, i.e. the prosecutrix (hereinafter to be called as the 'victim') of this case has approached this Court impugning the order dtd. 25/9/2020 passed by ACJM Jagadhri vide which respondent No.2/accused has been declared juvenile on the basis of allegedly fake documents. She has further impugned the order dtd. 20/11/2020 passed by learned Additional Sessions Judge, Yamuna Nagar, vide which the appeal filed by the victim was declined being not maintainable.

(2.) It has been contended by learned counsel for the victim that both the Courts below have fallen in error in drawing the conclusion as the same is against the law and the facts on record and, thus, both orders deserve to be set aside.

(3.) Adumbrated facts of the case are that the victim lodged the FIR alleging therein that they had a shop in Amar Vihar Colony, Jagadhri. A boy named Amit Kumar used to come to their shop for purchasing the necessary items. In the absence of her father, he used to ask her to perform marriage with him but she used to refuse the same. Thereafter on 30/12/2019 at 6.00 p.m. when her father was not at the shop, he came to her and took her with him by alluring her with a promise to marry. In the night, he took her in the hotel room in Saharanpur and committed bad act with her against her will in the hotel room. On her resistance, he threatened to kill her. In the morning, she informed her father about the incident happened to her. Her parents came to Saharanpur to take her alongwith them.