MANISHA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Respondents No.2 to 5 were tried for committing offences under Section 376(2)(g) IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012. Vide impugned judgment dated 1.10.2013, the Additional Sessions Judge, Sonepat, after holding that the prosecution had failed to bring home the guilt of the accused, acquitted them of the charges against them. Hence, the present appeal filed by the prosecutrix.

(2.) The facts of the case are that on 9.4.2013, the prosecutrix submitted a written complaint to SI Rajpal Singh to the effect that about 4/5 months earlier, accused Rinku had committed rape upon her with the help of accused-Deepak in the latter's shop but she did not disclose anything to her parents out of shame. Accused-Rinku had then fled to his relatives.

(3.) However, on 5.4.2013, both Rinku and Deepak met her at about 2.30 p.m. and abused her besides reminding her of the previous incident she felt helpless and disclosed about the incident to her parents. She also showed them the shop of Deepak where Rinku with the help of Deepak had committed rape upon her. She felt so much insulted that she attempted to commit suicide by hanging herself on 8.4.2013 but was saved by her parents, who brought her to the hospital. On the basis of the aforesaid complaint, FIR No. 88 dated 9.4.2013 was registered at Police Station City, Gohana under Sections 376, 120-B and 109 read with Section 34 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.