PREM SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The appellant, who is father of the prosecutrix, aged about seventeen years, has filed the present appeal for challenging the judgment dated 24.3.2015 passed by the learned Special Judge/Additional Sessions Judge, Panipat, whereby, respondent No. 2-Sujan Kaur stands acquitted of the charges under Sections 120-B, 376 read with Section 34 IPC, Sections 376(2)(g) and 506 of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The case of the prosecution, in nutshell, is that respondent No. 2-Sujan Kaur had lodged an FIR of theft against the prosecutrix and when the father of the prosecutrix learnt about the theft case, he asked the prosecutrix to state the true facts. The prosecutrix narrated that Devender, husband of respondent No. 2-Sujan Kaur, used to commit rape on her while Sujan Kaur would guard the place from outside. This thing had been going on for 7/8 months. Accused Manjeet, Gurdeep and Devender had also been raping her in between at the house of Devender. They had threatened her that if she disclosed anything to anyone, she and her family members would be killed. Accused-Devender had taken her to HDFC Bank at Madlauda and gave her an ATM Card. She withdrew money from the account against the said card. Even, accused-Manjeet gave her an ATM Card and she withdrew money against the said card. However, the prosecutrix did not know as to whom the ATM Card belonged. Devender, Manjeet and Gurdeep had been committing rape by turns whereas respondent No. 2-Sujan Kaur used to guard the place from outside. Out of shame, she did not inform anyone about the incident. Respondent No. 2-Sujan Kaur and Manjeet filed false case against her to save Devender. When the police came to the house of the appellant time and again, he apprised his wife and son about the facts. Accordingly, on the statement of the appellant, an FIR was registered against Gurdeep, who was apprehended.

(3.) Upon completion of the investigation, final report under Section 173 Cr.P.C. was submitted against Gurdeep. However, names of Sujan Kaur, Devender and Manjeet were put in column No. 2. Later on, they were summoned under Section 319 Cr.P.C. as additional accused to face trial along with their co-accused-Gurdeep.