REENA DEVI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The appellant, at whose complaint FIR No.191 dtd. 19/9/2017 under Ss. 376, 354, 354-B, 506 and 509 IPC at Police Station Kosli was registered, has preferred, along with an application under Sec. 378 (4) present appeal, seeking setting aside of judgment and order dtd. 1/5/2019 whereby learned Additional Sessions Judge, Rewari (for short 'trial court') has acquitted the respondent on the ground that prosecution has failed to prove the guilt of accused beyond reasonable doubt.

(2.) The brief facts emerging from record which are necessary for adjudication of present appeal are that the appellant is a qualified JBT (Junior Basic Training) and pursuing her final year course of B.A. As per appellant, on 31/5/2017 and 2/7/2017, respondent No.2-Satish along with his family members came to her house and a ring ceremony was performed. On 9/8/2017, respondent called appellant to come to Kosli and she after getting permission of her parents went to meet respondent at Bus Stand, Kosli. The respondent took her away on his bike to '7 days Rooms and Restaurant, Kosli' and they spent half an hour in the said restaurant where respondent clicked her photographs and they took cold drink. The respondent tried to get a room in the hotel, however, staff refused to give him room. The respondent thereafter took her away on his bike to Kosli, Dauroli Road near BKD School where he did obscene acts. He pressed her breast, broke string of her salwar and inserted his fingers in her private parts. She told the respondent that she would not establish physical relation with him till the marriage but respondent got offended and threatened not only to kill her but also not to marry her and then left the place. The appellant returned to her home and on 12/8/2017 as well 14/8/2017 received calls from respondent's mobile who threatened her to kill her. A lady called from the mobile of respondent who claimed to be wife of the respondent and abused her (appellant). She got frightened and perturbed. She did not disclose this fact to her family members, however, her mother used to ask her as to why she was keeping disturbed and when her mother pressurized her, she disclosed her about the entire occurrence on 17/9/2017. Her mother told the entire facts to her father who tried to contact family members of accused, however, they did not take call of her father. On 18/9/2017, she went to Women Police Station, Jhajjar, where she filed an application and Jhajjar Police Authorities transferred the matter to Police Station Kosli in view of territorial jurisdiction. On 19/9/2017, she went to Kosli and apprised the police official about the incident occurred on 9/8/2017. The lady police official brought her to Government Hospital, Rewari, where she was medico-legally examined.

(3.) During the course of trial, prosecution examined 17 witnesses which included appellant, father of appellant, owner of hotel, doctors and different police officials. The respondent examined 04 witnesses. The statement of respondent was recorded under Sec. 313 of Cr.P.C. wherein he denied allegations of prosecution and pleaded that he has been falsely implicated.