SUMAN Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THIS is a revision preferred by petitioner Suman, assailing the judgment of acquittal dated 06.01.2004 passed by learned Additional Sessions Judge (Fast Track Court), Bhiwani, in case bearing First Information Report No. 279 dated 29.07.2000 under Sections 376, 452 and 506 of the Indian Penal Code (for short "I.P.C.") registered at Police Station Sadar, Bhiwani.

(2.) PRECISELY , the case of the prosecution is that on 29.07.2000 a written complaint was given by the prosecutrix, wife of Ompal, resident of Kharak Kalan, to Assistant Sub Inspector Om Parkash who was present at bus stand Kharak Kalan. She stated that she was married to Ompal in the year 1997. Her husband had five brothers and all of them were residing separately with their respective families. She alongwith her family and Brijpal, elder brother of her husband, is residing on the first floor of the house, whereas Rajpal and Shreepal, brothers of her husband, alongwith their families were residing on the ground floor. The other two brothers were residing separately.

(3.) CONSIDERING the evidence available on record and the submissions made on behalf of the prosecution as well as the revisionist -complainant and respondent -Rajpal (accused), learned Additional Sessions Judge, Bhiwani, came to the conclusion that no incident of rape, as alleged by the prosecutrix, had taken place. It was also held that the accused had not entered the house of the prosecutrix and had never intimidated any kind of threatening to her. Accordingly, accused -respondent Rajpal was acquitted of the charges levelled under Sections 376, 452 and 506 I.P.C.