MAMTA RANI Vs. STATE OF HARYANA & ANOTHER

JUDGEMENT

(1.) The appellant - victim has preferred the present appeal under Section 372 of the Code of Criminal Procedure (for short 'the Code') against the order passed by the learned Sessions Judge, Kaithal on 17.04.2013 acquitting Rajesh son of Mewa Singh - respondent No.2 by extending benefit of doubt in respect of the offences punishable under Sections 328/366/376 & 506 IPC.

(2.) The prosecution case was set in motion on the statement of the present appellant made to SI Raghbir Singh on 06.03.2012. In her statement (Ex.PF), the prosecutrix has stated that on 09.01.2012, she along with her sister-in-law (Devrani) had come to Kaithal for getting her ultrasound conducted, where she suddenly felt headache and went to Mittal Laboratory, Goal Market Kaithal for taking medicines, where Rajesh son of Mewa Singh, resident of her parental village Khanoda, works. He gave her some tablets and asked her to sit there for some time. After taking medicines, the prosecutrix became unconscious and when she regained consciousness, she found herself in a room in the lonely area, where Rajesh and Sunil resident of village Habri, who also works with Rajesh in the same laboratory, were found present. She alleged that Rajesh and Sunil committed rape upon her without her consent and turn by turn. They also served meal to her and after taking the meal, the prosecutrix again became unconscious and thereafter they repeatedly committed rape upon her. She further alleged that both of them also threatened her that in case she raised an alarm; she would be done to death. Thereafter, both of them kept on committing rape upon the prosecutrix in that room for many days. It was on 02.03.2012, when she regained consciousness, she found herself on busstand, Kaithal from where she went to village Khanoda. At that time, she was not fully conscious. Next day, her family members took her to Police Station Pundri, where the Police officials obtained some writing from her and she was asked to come in the court premises next day, but she was not produced in the Court. On 06.03.2012, when the prosecutrix went to Police Station Pundri, the Police officials told that the occurrence relates to Police Station City Kaithal. As such, she came to Police Station City Kaithal and got recorded her statement. On the basis of such statement, FIR Ex.PK was lodged.

(3.) The prosecutrix was medico-legally examined at General Hospital, Kaithal on 6.3.2012. Accused Rajesh Kumar was arrested on 30.3.2012 and in pursuance of the disclosure statement suffered by him during interrogation, he got recovered a mobile phone, which was taken into possession on the same day. On 31.03.2012, accused Rajesh got the place of occurrence demarcated.