PINKI RANI Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE prosecutrix has filed the present appeal for challenging the judgment dated 27.5.2014 passed by the Additional Sessions Judge, Kaithal whereby respondent No.2 -accused Aman alias Amarjeet Singh was acquitted of the charges under Sections 376 (2) (n), 376, 452 and 506 IPC.

(2.) THE case of the prosecution is that the prosecutrix, aged 29 years, was a housewife and mother of two children. Her husband was a drunkard, who had already left her. She had been residing with her two children and finding it difficult to run the household. The accused, who resided opposite to her house expressed his wish to help her and started giving money to her to run the household. One day, he told her that he would get her divorced from her husband and then marry her. On the pretext of marriage, he even started exploiting her sexually. All this went on from the year 2009 to year 2013. In the year 2013, the accused got married to some other girl. When the prosecutrix learnt about the same, she was pressurized by him to enter into a compromise or else she and her children would be killed. On 15.9.2013 at about 1.00 PM when she was present at her rented beautician shop, the accused came there and raped her. He also threatened her with death if she disclosed about the same to anyone. However, she apprised her sister and brother -in -law after reaching home. She then made a statement before Inspector Raj Singh on the basis of which FIR No.116 dated 2.10.2013 was registered under Sections 376, 452 and 506 IPC at the Police Station, Dhand.

(3.) DURING the investigation, the prosecutrix was medically examined, the statements of the witnesses were recorded, accused was arrested and also medically examined. Upon completion of investigation and presentation of challan, the case was committed to the Court of Sessions where aforementioned charges were framed against the accused, to which he pleaded not guilty and claimed trial.