SUMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecutrix has filed this appeal against the judgment dated 12.3.2013, passed by the court of learned Sessions Judge, Jind, whereby accused Sunil (respondent No.2 herein) has been acquitted in case FIR No. 278 dated 11.5.2012 under Sections 363, 366 -A and 376 IPC, registered at Police Station City Jind.

(2.) THE aforesaid FIR was registered on the basis of the complaint made by Krishan Kumar (father of the prosecutrix), who alleged that on 10.5.2012, in the night, he along with his wife Santro and daughter (prosecutrix) was sleeping in his room. On the next day, i.e. on 11.5.2012, at about 6.30 AM, when he got up, he found that his daughter was missing from her cot. He suspected that she had been enticed away by the accusedby alluring her, because about two years ago, he (the accused) had quarreled with the prosecutrix and his other family members in his (complainant's) absence. On the same day, i.e. on 11.5.2012, the accused was arrested and the prosecutrix was recovered from his custody. Both of them were medically examined.

(3.) ON 12.5.2012, the prosecutrix was produced before the Chief Judicial Magistrate, Jind (PW.9) for recording her statement under Section 164 Cr.P.C. In her statement (Ex.PE), she stated that in the night of 10.5.2012, she was given beating by her father and at about 1.00 AM, she went to the accused and slept there. In the morning, on coming to know about this fact, her family members lodged report in City Police Station. It was further stated by her that she asked her family members to marry her with the accused, to which her father agreed, but maternal grand -father did not. She further stated that she was having illicit relations with the accused for the last two years.