STATE OF HARYANA Vs. SEWAK

JUDGEMENT

(1.) STATE of Haryana has impugned judgment dated 01.10.2013 passed by learned Additional Sessions Judge, Hisar acquitting the accused of the charges for offence punishable under Section 376 IPC.

(2.) A written complaint (Ex. P1) by the prosecutrix was received on 08.07.2011 at police station City, Hisar. She stated that she was studying in class 9 when accused Sewak used to meet her and expressed his desire to marry her. She also developed a liking for him and started meeting him. Physical relations developed between them which continued till the submission of the complaint. Brothers of the accused were stated to be advocates. When they used to go to court, their mother used to be at home, accused Sewak used to call her at his residence. Some time back, he had taken her to Vaishno Devi and got married with her. They came to Hisar. Father of the prosecutrix was a Peon at Narnaul consumer court. Their families did not know anything about all this but the accused revealed about their marriage to his own family. Now he wanted to get married somewhere else. When she objected then both the accused and his mother used unparliamentary language for her and refused to keep her. In these circumstances, she prayed for action to be taken. Formal FIR No. 557 dated 08.07.2011 (Ex. P44) was registered on this complaint. Prosecutrix was medico legally examined on 08.07.2011 itself by PW3 Dr. Neha. Accused Sewak was subsequently arrested and medico -legally examined by Dr. Rajender Singh PW4, Medical Officer, General Hospital, Hisar. There was nothing to suggest that accused was in capable of performing sexual intercourse as per report, Ex. P14.

(3.) ON completion of investigation, challan/report under Section 173 Cr.P.C. was submitted and charge was framed on 08.10.2011 to which the accused pleaded innocence and claimed trial.