SANTOSH BAI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecutrix has filed the present appeal for challenging the judgment dated 16.4.2014 passed by the Additional Sessions Judge, Palwal whereby respondents Surjeet Singh and Jarnail Singh were acquitted of the charges under Sections 376 -D and 506 IPC.

(2.) THE case of the prosecution, in nutshell, was that on 1.7.2013 the prosecutrix, alongwth her husband Gurdeep Singh as well as respondents Surjeet Singh and Jarnail Singh, went to take medicine for her husband. While she was sitting on the motorcycle driven by Surjeet Singh, her husband was riding pillion on the other motorcycle driven by Jarnail Singh. On their way back, the motorcycle of Jarnail Singh was left behind when it was stopped at Mahendipur, Surjit Singh told her that her husband would reach there shortly. At about 10.00 p.m., Surjeet Singh stopped his motorcycle on the pretext of urinating and dragged Criminal Appeal No.D -1035 -DB of 2014 -2 - her into the bushes where he committed rape upon her. After some time, Jarnail Singh also came there. She enquired about her husband. He stated that he had come to take petrol after leaving her husband behind. Jarnail Singh also committed rape upon her.

(3.) SHE refused to go with them. Jarnail Singh went to take her husband. Upon the arrival of her husband, the prosecutrix apprised him about the occurrence. She then made statement before the police and, accordingly, FIR was registered against Surjeet Singh and Jarnail Singh.