GEETANJALI RAUTELA Vs. ROHAN JAGDALE AND ORS.

JUDGEMENT

(1.) Present appeal has been preferred by the complainant challenging the acquittal of respondent No.1 Rohan Jagdale of the charges for offences punishable under Sections 376(2)(n) and 506, IPC vide judgment dated 22.01.2015 passed by the learned Additional Sessions Judge, Gurgaon.

(2.) Prosecutrix, who was 26 years of age at the time of occurrence, alleged in the written complaint submitted by her in March 2014 that she was introduced to respondent No.1 Rohan in November, 2012 by a common friend Shrinath in some work related issue. She was working as a Freelancer having a degree of Bachelor of Arts in English Literature. Respondent No.1 and the prosecutrix got acquainted and developed a liking for each other. Respondent No.1 Rohan proposed to marry her in December, 2012 and assured her that he belongs to an influential and reputed family. Physical relations developed between them. She was made to talk with respondent No.1's mother in January, 2013. Accused assured prosecutrix that his parents would meet her in April, 2013 and marriage would only be a formality. Respondent No.1 however informed in March, 2013 that his parents would not come to Delhi as there is a huge difference of status between both the families and she was not worthy of becoming a member of his family. Prosecutrix confronted Rohan and told him that her parents would satisfy his parents. Respondent No.1 assured her to convince his parents and physical relations between the two proceeded. She alleged that she was induced to sexual relationship on false assurances of marriage by the said respondent. Prosecutrix became pregnant with respondent No.1's child in May, 2013. Respondent No.1 was in Chennai with his father at that time. On her revealing this fact, Rohan abused her and asked her to abort the child immediately. Though she was shocked to hear it and did request Rohan to inform his parents but he threatened to commit suicide and would leave a suicide note incriminating her. He convinced her to get the child aborted as it would be convenient to marry her then. She was convinced to take pills for abortion. Physical relations continued between the two on false assurances by respondent No.1 Rohan, who even used to bring gifts etc. for her. When her parents came to know about the abortion in June, 2013, they told her to introduce them to Rohan. When her parents asked him for marriage, he made an excuse that their horoscopes did not match. He again came to her house in September, 2013 and said that his parents were coming to fix the date of marriage. Physical relations continued at his rented accommodation at Gurgaon. Prosecutrix again got pregnant in November, 2013. She was asked by Rohan to abort the child to which she agreed again. He kept visiting her and asked for making preparation for wedding. A ring and a Lehanga (wedding dress) were also bought for her. However, she came to know on 21.01.2014 that Rohan's father was not coming to meet their family. On being confronted, respondent No.1 Rohan fought with her and abused her. He called her at his place on 22.01.2014, misbehaved with her and threatened to ruin her life. It is alleged that respondent No.1 sent her a message on 23.01.2014 to take an appointment at Arya Samaj Temple for getting married even against the wishes of his parents. She waited for him several hours but he did not turn up and he is stated to be absconding since then. On the basis of abovesaid complaint, FIR No.108 dated 14.03.2014, under Sections 376/354/ 506, IPC was registered at Police Station Sushant Lok, Gurgaon. Respondent No.1 was arrested on 27.06.2014.

(3.) On completion of investigation, Challan/report under Section 173, Cr.P.C. was presented. Charge was framed against respondent No.1 Rohan Jagdale on 01.08.2014 for the offences punishable under Sections 376(2)(n) and 506, IPC. Respondent No.1 pleaded innocence and claimed trial.