S (COMPLAINANT) Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.11.2013 passed in Sessions case No.07 of 2013 whereby the Additional Sessions Judge, Rewari acquitted respondent No.2 Monu @ Rakesh @ Shree Bhagwan of the charge under Sections 376, 498 and 506 of Indian Penal Code (for short 'IPC').

(2.) On the complaint of prosecutrix (now appellant) dated 02.08.2012, FIR No.246 dated 02.12.2012 was registered at Police Station Rampura, Tehsil Farukhnagar, District Gurgaon. In her complaint Ex.PD, the appellant had stated that she was married on 06.03.2003 with Sanjeev Kumar of Rajana Pana, Bhiwani but her in-laws were harassing and beating her for bringing insufficient dowry. On 30.08.2011, she was given beatings and turned out of her matrimonial home. She reached Railway Station, Rewari to go to her parental house, where Anita wife of Ram Singh resident of Bhiwani, known to the appellant, met her along with respondent No.2. They allured the appellant to sit in Bolero vehicle and took her to village Rampura. Anita snatched her gold jewellery i.e. two Kangan, one chain, two rings, one Tika and ear rings along with cash of Rs.20,000. Respondent No.2 kept the appellant locked in a room and raped her. Cousins of respondent No.2 namely Ram Niwas and Kamlesh were also present, who at pistol point, snatched the remaining jewellery of the appellant i.e two gold rings, earrings and nose pin. Thereafter respondent No.2 took the appellant to his brother's house at Palam and committed rape with her. From there he took the appellant to the house of his brother at Gurgaon and again raped her. The signatures of appellant were obtained on blank papers. From Gurgaon, the appellant was taken to a brick-kiln at village Ballabhgram near Khairthal, where the relatives of respondent No.2 were also present. Here also respondent No.2 committed rape with the appellant and used a knife to threaten her. The appellant raised noise which attracted a person named Santu to the spot, who got the appellant released from respondent No.2, gave information to her parents, who came to Ballabhgram and took the appellant to their village Jatola.

(3.) After registration of the FIR on 02.12.2012, the appellant was got medico-legally examined from General Hospital, Rewari on the same day. Respondent No.2 was arrested on 01.02.2013 and was got medicolegally examined. After completion of investigation, final report under Section 173 (2) Code of Criminal Procedure (for short 'Cr.P.C.') was presented in the Court of Judicial Magistrate, Rewari.