MOBINA Vs. MURSLIN

JUDGEMENT

(1.) The appellant-Mobina @ Shabnam @ Shalu has preferred the instant appeal against judgment dtd. 9/4/2021, passed by learned Additional Sessions Judge (Fast Track Court), Panipat, vide which respondent-accused Murslin has been acquitted.

(2.) The facts, as per record, are that on 4/1/2017, a complaint bearing No.1794-Peshi dtd. 27/12/2016 was received in the police station by post, for taking legal action against Murslin, son of Alisher, Alisher, son of Mukhiya, Afsar, son of Alisher, Aarju, wife of Afsar, Shabila, wife of Alisher and two-three other unknown persons, wherein complainant, Prosecutrix'A' (name withheld) alleged that she was a resident of Dhoop Singh Nagar, Panipat and was engaged in labour work. Earlier, she was married to Vikas, who had expired four years ago. Complainant/ prosecutrix further alleged that she met the accused Murslin for the first time at a cloth shop in Kairana and thereafter, they started visiting each other. The accused extended a marriage proposal to her and on the assurance of marriage, he developed physical relations with her and thereafter, he committed wrong act upon her repeatedly and also took her gold ring, cash amount and jewellery on the pretext of keeping the same in the bank locker. Thereafter, when the complainant asked accused for marriage, accused solemnized'Nikah' in Ram Nagar and obtained her signatures on some blank papers in the Court. She was an illiterate lady and later on came to know through believable sources that accused had solemnized marriage with one Rubi resident of Village Chakwali. When she asked about this fact from the accused and his family members, they extended life threat to her. She prayed for taking legal action against the accused.

(3.) On this complaint, FIR was registered. Investigation of present case was conducted by P/SI Sunita. During investigation, on 5/1/2017, after visiting place of occurrence site plan was prepared. Statements of witnesses were recorded. CD containing recording of accused was obtained and the same was taken into police possession. Complainant/ prosecutrix was got medico-legally examined from General Hospital, Panipat and parcels regarding medical were taken into police possession. On 6/1/2017, statement of complainant/prosecutrix under Sec. 164 of Cr.P.C. was got recorded from learned Magistrate. On 30/1/2017, accused Murslin was arrested in the present case and on 31/1/2017, accused was medico-legally examined from General Hospital, Panipat. During investigation,'nikhahnama' was taken into police possession. On 15/5/2017, accused Alisher son of Mukhiya, Afsar son of Alisher, Aarju wife of Afsar and Shabila wife of Alisher were joined in the investigation of present case and during investigation by Inspector/ SHO and Deputy Superintendent of Police (Head Quarter), Panipat, they were found to be innocent and Sec. 120-B of IPC was deleted in this case. Sealed parcels were sent to FSL, Madhuban for examination. After the conclusion of investigation, challan against accused was presented in the Court.