NISHA Vs. STATE OF HARYANA & ANR

JUDGEMENT

(1.) The complainant has laid challenge to the judgment dated 19.08.2006 vide which respondent No.2 has been acquitted of charges under Sections 323, 342, 376 and 506 IPC. FIR No. 10 dated 07.01.2004 was registered at the instance of the complainant-petitioner against respondent No.2 at Police Station City, Rohtak, on the allegations that about six months ago, he had committed rape on the promise of marriage. During these six months as well she was ravished 5-6 times but the accused did not talk of marriage. On 23.12.2003 the accused raped her and then he and his relatives got 3-4 letters written from her and she was criminally intimidated. The prosecutrix did not disclose the incident to anybody. It was further alleged that on 3.01.2004 a quarrel took place between her family and family of the accused and her brother sustained injuries and it was then a statement was made and the FIR was registered.

(2.) When examined under Section 313 Cr.P.C. the accused took the stand that he was having an affair with the prosecutrix and they wanted to marry, but the parents of prosecutrix were objecting and were inimical and had put pressure upon the prosecutrix and he was falsely implicated. He produced letters and photographs Ex.D1 to Ex.D35.

(3.) On appraisal of evidence, the trial Court disbelieved the prosecution story and recorded acquittal. Dis-satisfied with the same, instant revision petition has been filed by the complainant.