STATE OF HARYANA Vs. DEEPAK

JUDGEMENT

(1.) The applicant/appellant-State of Haryana has filed the present application under Sec. 378(3) of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C.) for grant of leave to appeal against impugned judgment dtd. 4/3/2020 passed by the learned Additional Sessions Judge, Rewari in Sessions Case No.204 of 2018 titled as 'State Vs. Deepak and another' whereby accused/respondents were acquitted from the charges framed against them.

(2.) Briefly stated the factual matrix of the case referred to in the impugned judgment is that the prosecutrix made a complaint to the police alleging that she is residing at the house of her aunt (Bua) since her childhood. She was the student of 10+2. Her date of birth is 9/2/2001. Accused Deepak son of Ashok was her senior in the school who had taken her mobile No.7027483235 from someone and used to call her from different mobile numbers. Prior to one month of the lodging of the FIR he criminally intimidated her and asked her to come out of her house in the night at 11:00 p.m. otherwise he would kill her and her family. Out of fear she obeyed his command and went out of her house in the night. Both the accused/respondents were present there who forcibly took her on the motorcycle in a room at first floor above the shop of a scrap dealer at Motal Road, Berli Kalan and raped her one by one. Thereafter they dropped her outside her house and went away. On 19/6/2018 at about 6:00 p.m. accused-Deepak son of Ashok made a call to her mobile No.7027483235 and said that he would come in the night. Thereafter, both the accused repeatedly made calls to her and asked her to come out of her house at 11:00 p.m. otherwise they would kill her family. In the night both the accused/respondents along with Rahul and Krishan came out of the house.

(3.) On the basis of aforesaid complaint, formal FIR was recorded. The police investigated the case. Statements of witnesses under Sec. 161 of the Cr.P.C. were recorded. The accused were arrested. The prosecutrix and the accused were got medico legally examined. After completion of investigation challan under Sec. 173 Cr.P.C. was submitted before the trial court. The accused/respondents were charge-sheeted for commission of offences punishable under Ss. 363/34, 366/34, 376D, 506/34 of the IPC and Sec. 6 of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') to which they pleaded not guilty and claimed trial.