JYOTI Vs. SACHIN & ANOTHER

JUDGEMENT

(1.) The present appeal has been preferred by the prosecutrix against the judgment of acquittal, recorded by the Additional Sessions Judge, Faridabad in FIR No.264 dated 15.09.2011, lodged at Police Station Saran, under Sections 376, 506 IPC. The acquittal was on the ground that the prosecutrix was a married lady and had moved around with the accused in public places and never raised any alarm or sought help and thus, she was a consenting party.

(2.) Perusal of the judgment in appeal would go on to show that the husband of the appellant, on 12.09.2011, left for his office, leaving behind the prosecutrix and his two children at home, situated in Faridabad. The accused, on the pretext that the husband had met with an accident, asked the prosecutrix to accompany him after taking some money and thereafter, took her to a deserted place and raped her. Two days later, on 14.09.2011, he abandoned her at the Old Faridabad Railway Station. On reaching home, she disclosed the episode to her husband who lodged the said FIR on 15.09.2011 on the basis of which, the accused was arrested and the chargesheet was filed, resulting in the criminal prosecution. After examining as many as 12 witnesses, the Trial Court came to the conclusion that the husband never lodged any missing report from the date when his wife was missing, i.e., from 12.09.2011 till 15.09.2011 and that the accused was studying in an engineering college. It was noticed that the house of the accused was only two houses away from the house of the prosecutrix and the ladies were on visiting terms and that the accused used to call her on mobile phone for the purpose of talking to his mother and sister when they were present at her house.

(3.) Thus, from the sequence of events, it would be clear that from 12.09.2011 till 14.09.2011, the prosecutrix remained in the company of the accused where the general public was available, since it has come in the statement of the prosecutrix that they had gone on an auto-rickshaw and thereafter, he had left her at Old Faridabad Railway Station. The medical report show that there was no injury which had been inflicted on the body of the prosecutrix and therefore, the Trial Court was correct in holding that it was a case of consent. A new story was also sought to be introduced that she had been tied but there was no evidence from the physical examination of the prosecutrix. Even the FSL report did not depict any traces of semen on the vaginal swabs or on clothes of the prosecutrix and therefore, the Trial Court was right in discarding the sole statement of the prosecutrix, in such circumstances and rightly acquitted the accused.