KAVITA Vs. JITENDER AND ANOTHER

JUDGEMENT

(1.) The prosecutrix has filed the present appeal for challenging the judgment dated 29.1.2015 passed by the Additional Sessions Judge, Gurgaon whereby respondent No.1-Jitender, hereinafter referred to as 'the accused', stands acquitted of the charges under Section 376(2)(f) and (n) and Section 506 IPC.

(2.) In nutshell, the prosecution case is that several days before she lodged the FIR, the complainant, who was 23 years of age and married to the younger brother of the accused developed sudden stomach pain when her husband was not in the house. The accused took her in car to a hospital. Thereafter, she was brought by the accused to his maternal uncle's house. After staying there for about half an hour, the accused insisted upon her to accompany him for returning to their village but she requested to stay in the house of the maternal uncle as she had come there for the first time. The accused informed her that his wife was calling him and he was to return to the village. He insisted upon the prosecutrix to accompany him, to which she ultimately agreed. At around 10.00 p.m. when they were returning to their village, the accused took the car into a forest and stopped it by saying that there was some defect in the car. She got down from the car. The respondent assaulted her and had forcible intercourse with her. He even threatened to kill her if she disclosed about the incident to anyone. Due to fear, she kept mum. Several days thereafter, when she was cooking food in the kitchen and was all alone in the house, she was again sexually assaulted by the accused, despite her resistance.

(3.) She informed her husband during the night when he came back but he did not believe her. On the next day, her father came there and took her along. There she confided in her mother about the incident. She, in turn, informed her father, brother and sister-inlaw. She then submitted written complaint to the police on 23.9.2014, on the basis of which FIR No.465 was registered against the accused at Police Station Manesar, Gurgaon under Sections 376 and 506 IPC.