LAWS(P&H)-2015-3-556

MEENAKSHI Vs. STATE OF HARYANA

Decided On March 19, 2015
MEENAKSHI Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THE present appeal is directed against an order passed by learned Additional Sessions Judge, Rohtak on 19.01.2015 whereby the accused were acquitted of the offences punishable under Section 376, 366, 506 and 120 -B of Indian Penal Code (for short 'IPC').

(2.) LEARNED trial Court has found that in fact the prosecutrix had married Sanjay son of Prem Singh (respondent No.2 herein) on 24.02.2010. DW1 Som Nath Miglani, Assistant, Municipal Corporation, Rohtak has produced marriage certificate Ex.D3 and also copy of the application Ex.D28 submitted by the prosecutrix and Sanjay for their marriage along with their affidavits Ex.D27 and Ex.D34. Ex.D35 and Ex.D36 are the affidavits of witnesses namely Praveen and Manveer. Ex.D37 is entry of marriage whereas Ex.D3, D28 and D37 are photographs of the couple. Photograph Ex.D28 is self -attested form by the prosecutrix and Sanjay. Even DW2 Indermani Shastri has also deposed that marriage was solemnized at Arya Samaj Mandir on 10.02.2010 and that he performed the marriage by chanting mantras. Marriage certificate Ex.D2 was issued by him. Ex.D38 and D39 are the affidavits of the parties i.e. prosecutrix and Sanjay and Ex.D40 is the matriculation certificate of the prosecutrix whereas Ex.D41 is the ration card submitted by her. Ex.D40 and Ex.D41 are the documents attested by her by affixing thumb impressions and signatures. DW3 Ashwani Kumar, Advocate, deposed that he was engaged for the purposes of solemnization of marriage and prepared Ex.D1, an affidavit of the prosecutrix. He accompanied the prosecutrix and Sanjay for their marriage at Arya Samaj Mandir.

(3.) LEARNED trial Court has found that the stand of the prosecutrix in the FIR was that she was forcibly married is not made out in the face of voluminous documentary evidence. We find that the evidence of different dates and the documents executed belie the stand of forcible marriage. Learned trial Court rightly recorded the following findings: -