REKHA NAIR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The prosecutrix has filed the present appeal for challenging the judgment dated 9.2.2015 passed by learned Additional Sessions Judge, Gurgaon whereby respondent No.2-Pankaj Kumar, here-in-after referred to as 'the accused', stands acquitted of the charges under Sections 420, 467, 468, 471, 323, 376(2)(n) and 377 IPC.

(2.) Briefly put, the prosecution case is that on 15.2.2014, complaint dated 4.2.2014 was received in the office of the Deputy Commissioner of Police (West), Gurgaon after enquiry from the Women Cell (West) wherein the prosecutrix had levelled allegations of bigamy, physical assault, sexual abuse, cheating, forgery, dowry harassment, domestic violence, threats etc. against the accused, who was her husband. She had stated in the said complaint that she was friendly with the accused for the last eight years, who got involved with her physically on the promise of marriage. He, however, did not keep his words and married another woman without informing her. He continued to exploit her physically, mentally and financially. When she learnt about his marriage and confronted him, he replied that his father had forced him to marry as he was likely to get lot of dowry and the woman, whom he had got married as well as her parents knew about their relationship. She also stated that the accused had told her that he would obtain divorce and marry her and, accordingly, continued abusing her physically and sexually. He even took money from her on the pretext of filing a divorce case but no such thing ever happened. She had moved a complaint to the police and the accused and his family members were called. The accused with his other wife, father, uncle and aunt visited her house on 24.11.2013. At that time, it was mutually agreed that the accused would marry her as per Islamic law and a writing to that effect was given to the police. The accused and his parents disclosed that as he has since obtained divorce, they can perform his marriage as per Arya Samaj rites.

(3.) However, while getting married at Arya Samaj temple, he wrongly stated that he was not married. Further case of the prosecution is that it was mutually agreed between the prosecutrix and the accused that the latter would stay for one week with her and one week with the other woman. However, the other woman, namely, Poonam started calling them at odd hours and had also called the accused continuously for two days and she did not allow her to spend a moment of peace with him. The father of the accused intervened and, accordingly, Poonam stopped making calls. However, the accused, his father and Poonam kept on pressurising the prosecutrix to bring money from her mother for purchasing BMW car. The mother of the prosecutrix was a widow and, therefore, not in a position to afford such a huge amount. The accused wanted her mother to transfer her house in his name and when she refused, he started abusing her mentally and physically. She kept on bearing the torture hoping that he would change. The prosecutrix further averred that the parents of the accused came to stay with her on 8.1.2014 and gave her lot of mental pain and agony by saying that the other woman had brought dowry worth lacs and she had not brought anything. The accused kept on abusing her physically. He had been pressurising her to call her friends to have group sex and when she refused, he abused her. She continued to bear the torture and when she asked the father of the accused in that regard, he again abused and demanded money.