STATE OF HARYANA Vs. VISHNU BIR SINGH

JUDGEMENT

(1.) The present petition seeking leave to appeal is directed against an order passed by the learned Additional Sessions Judge on 13.4.2014, whereby the accused (respondent herein) was acquitted of the charges for the offences under Sections 376, 506, 494 IPC.

(2.) The prosecutrix aged 25 years lodged a complaint that she was working as an Executive-cum-Assistant in M/s Komo Toys Pvt. Limited, Udyog Vihar Phase-IV, Gurgaon, whereas the accused was working as a Production Manager. He pressurized her to make relations with her when they were working in the same establishment otherwise he threatened her to shunt out of the job. The accused claimed to be unmarried and promised to marry the prosecutrix. The accused had taken the prosecutrix to Sheetla Mata Mandir and after taking several vows, accused had assured to marry her. He had taken her to the hotel where he made illicit relations with her and also shown her a blue film. She was brought to Courts at Gurgaon, where under the pretext of marriage, her signatures were obtained on several papers without allowing her to read the same. He also fixed the marriage at Arya Samaj Temple but did not call any member of his family. On the basis of such statement, the prosecution was launched against the accused. The statement of the prosecutrix was recorded under Section 164 Cr.P.C. The accused was arrested on 30.05.2014.

(3.) After completion of investigation, a report under Section 173 Cr.P.C. was filed before the competent Court. The accused pleaded not guilty and claimed trial. Consequently, the prosecution was called upon to lead its evidence. The prosecution examined prosecutrix as PW1, her father Kant Pal Singh as PW-8 and also examined Dr. Rishipal Shastri as PW7, the priest who is said to have solemnized the marriage of the prosecutrix with the accused. The prosecution also led other evidence of formal and informal nature including Dr. Kamaldeep Singh as PW6, who proved medico legal report of the accused.