STATE OF HARYANA Vs. DEEPAK KUMAR

JUDGEMENT

(1.) The present application under Sec. 378 (3) of the Code of Criminal Procedure as well as the main appeal arise out of the judgment dtd. 12/9/2017 passed by the learned Additional Sessions Judge (Exclusive Court for Heinous Crimes Against Women), Kurukshetra, whereby the respondent-accused was acquitted of the charges under Ss. 452 and 376 IPC. The learned trial Court noticed number of discrepancies in the version of the complainant, brought to the fore by the defence, creating serious doubts over the version of the complainant; extended the benefit of doubt and acquitted the respondent of the charges against him. Feeling aggrieved, the applicant-State of Haryana has moved the present application with a prayer to grant leave to appeal against the impugned judgment.

(2.) Shorn of unnecessary details, the brief facts of the case are that the complaint in the instant case was lodged by the victim (name of the victim has been withheld as per provisions contained under Sec. 228-A IPC and has been referred as 'the victim'), on the allegations that she was a married lady and a house wife. On 12/5/2015, she had returned to her matrimonial home situated in village Amin, District Kurukshetra from her parental home in Punjab. She was accompanied by her father, who also stayed at her matrimonial home on the fateful night. Her husband and her father slept in one room, whereas she along with her children slept in another room. At about 04.30 AM on 13/5/2015, when she was filling water in the court-yard, the accused-respondent entered their house and forcibly took her inside the room. He tore the clothes of the victim and committed rape upon her. When she raised an alarm, her father and husband woke up and tried to catch the accused-respondent, but he fled from the spot. The maternal uncle of the accused-respondent also came at the spot on hearing the noise. The FIR was registered and the statement of the victim was recorded under Sec. 164 Cr.P.C. by the learned Magistrate and she was medico-legally examined from Civil Hospital, Kurukshetra. The accused-respondent was arrested on 13/5/2015 and was medico legally examined on 14/5/2015. After conclusion of the investigation, the final report under Sec. 173 Cr.P.C. was prepared and presented against the respondent-accused in the court of competent jurisdiction.

(3.) During the course of trial, charges under Ss. 452 and 376 IPC were framed against the respondent-accused, to which he pleaded not guilty and claimed trial. Before the statements of the victim and her husband could be recorded, they had committed suicide and could not appear to depose before the learned trial Court. Both the parties led their respective evidence before the learned trial Court and after due consideration of the evidence, the learned trial Court extended the benefit of doubt to the accused-respondent and he was ordered to be acquitted of the charges framed against him.