INDIRA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) This order shall dispose of CRM-A No.976-MA of 2015 (Indira v. State of Haryana and others) and Crl. Appeal-S No.2758-SB of 2015 (Indira v. State of Haryana and others) as they both arise out of a common judgment dated 15.11.2014 passed by learned Additional Sessions Judge, Gurgaon. Vide impugned judgment criminal complaint under Sections 323/324/354/376/420/ 511/506/34 IPC filed by the appellant as well as the State case arising out of FIR No.99 dated 05.06.2014, under Sections 323/506 IPC, Police Station DLF Phase-I, Gurgaon have been decided and respondent No.2 Ravinder son of Khilli Singh and respondent No.3 Chhatar son of Jhutar have been acquitted of the charges against them.

(2.) Complainant-prosecutrix and her husband Ranbir Singh submitted a complaint before the police on 22.05.2012 disclosing that Ranbir, husband of the prosecutrix was working as a Peon in the Senior Secondary Girls School, Old Faridabad. When he reached home at 6.30 p.m. on 22.05.2012, his wife informed that she had gone to the plot at about 6.00 p.m. where faeces of some child were lying. When she protested qua the same, younger brother of Ranbir i.e., respondent No.2 Ravinder and others started beating her with a stick (Danda). Respondent No.2 is alleged to have given a stick (Danda) blow on her left thigh, another blow on her right hand and on fingers of her hand. When she resisted, respondent No.2 gave her two more blows. Thereafter, she fell down. She was allegedly kicked by respondent No.2 Ravinder. On hearing hue and cry, the neighbours arrived at the spot and saved the complainant from his clutches. When Ranbir went to lodge a protest, respondent No.2 Ravinder hit him also with a stick and further threatened to assault him. Thereafter, he alongwith his wife, Chhatar son of Jhutar and Mahesh son of Mam Chand came to submit the complaint. This complaint was signed by both Ranbir and Indira and DDR No.14 dated 22.05.2012 was registered consequent thereto. Complainant was not willing to get the medical examination of his wife conducted at Gurgaon but wanted to get the same conducted at Faridabad. Prosecutrix got herself medically examined from Metro Hospital, Faridabad and on receiving the report, ASI Rishipal proceeded against the accused under Sections 107/151 Cr.P.C.

(3.) Feeling aggrieved therefrom, appellant Indira preferred a private complaint before the Area Magistrate, Gurgaon on 02.06.2012 disclosing that when she was working at her plot on 22.05.2012, her brother-in-law Ravinder (respondent No.2) entered the plot in an inebriated condition. He gagged her mouth and forcibly took her inside a room. He tore her clothes and attempted to rape her but she raised alarm. He thereafter picked up a stick and assaulted her and caused injuries on her arms and thigh. He is alleged to have kicked on her private parts on which she started to bleed. He threatened to kill her as well as her husband. In the meantime, her husband Ranbir working as a Peon at Senior Secondary Girls School, Old Faridabad arrived at the spot on which accused Ravinder ran away after abusing and threatening to kill her. She apprised her husband about the incident on which he took her to Police Post Baliawas where Chhatar son of Jhutar was already sitting. When she and her husband revealed the commission of the offence, respondent No.2 Ravinder also arrived there. Chhatar abused her as well as her husband and forced them to compromise the matter. Chhatar took their thumb impressions on blank papers in collusion with Ravinder though appellant and her husband did not want to compromise the matter. Accused also threatened them that they would not allow the prosecutrix to get herself medically examined from Gurgaon. Therefore, she and her husband had gone to Metro Hospital, Faridabad for her medical examination. Complaint was moved to the police on 22.05.2012 but the same was not looked into and no action was taken.