KAVITA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Matter has been taken up through video conferencing via Webex facility in the light of the Pandemic Covid-19 situation and as per instructions.

(2.) The petitioner has approached this Court by way of filing of this revision petition impugning order dtd. 3/9/2021 wherein the learned trial Court has partly accepted the application filed under Sec. 319 Cr.P.C. by accepting the same qua the proposed accused Kuldeep whereas dismissing the same qua the proposed accused Rohtash.

(3.) As per the factual matrix of the case, the FIR in question was registered by the prosecutrix (name concealed) on the basis of allegations levelled therein. It was alleged that on 23/5/2020 in the night when her husband went to the fields, the accused Rajpal alias Binder and Kuldeep, both came to her house when she was alone. Accused Rohtash was guarding outside and both the accused came inside. They threatened her that they would kill her brother-in-law and her husband, who is in fields. ThereafterKuldeep gagged her mouth and accused Rajpal alias Binder committed bad act with her. When her husband reached home, Rohtash, who was guarding outside the house, called Kuldeep by climbing on the roof and then Kuldeep ran away from the spot whereas Rajpal alias Binder had been caught. On 16/7/2020, the application was given to S.P.Fatehabad. The prayer was made to take the action against the culprits. The investigation commenced and during investigation, both the accused, i.e. Kuldeep and Rohtash were exonerated at the time of filing challan. During the trial, the prosecutrix was examined as PW1 whereas brother-in-law of the complainant -Naresh Kumar was examined as PW-3. They named both the accused during their depositions and hence, the application under Sec. 319 Cr.P.C. was filed by the complainant for summoning both the accused.