ASHGAR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Code of Criminal Procedure (for short 'Cr.P.C') to quash the FIR no. 331 dated 04.09.2013, under Sections 363, 366-A, 376-D of Indian Penal Code and Section 4/14 of The Protection of Children from Sexual Offences Act (for short 'POCSO' Act) 2012.

(2.) The brief facts of the prosecution case are that on 03.09.2013, at about 05.30 p.m, prosecutrix-respondent no. 2 along with her sister-in-law (Bhabi) namely Asmina had gone to the fields and were cutting the grass. Suddenly, petitioner Ashgar along with co-accused Hakku @ Zakir, Javed, Farruk and one relative of Hakku @ Zakir came there. They gagged her mouth and put her in bolero vehicle. She was got alighted from the vehicle near the house of Hakku @ Zakir in millet fields. Hakku @ Zakir and his relative committed rape upon her many times and the prosecutrix was kept in millet fields for whole of the night. In the morning, they made her to sit in the vehicle of Sattar and she was dropped at her house. On the statement of the prosecutrix, the present case was registered.

(3.) Co-accused Farruk and Hakku @ Zakir were arrested. However, petitioner Ashgar, Javed and relative of Hakku @ Zakir could not be arrested and were declared as proclaimed offender by the learned Addl. Chief Judicial Magistrate, Mewat at Nuh, vide order dated 11.04.2014. After completion of the investigation, the report under Section 173 Cr.P.C. was presented against Farruk and Hakku @ Zakir, who were tried by learned Additional Sessions Judge, Mewat and were acquitted vide judgment dated 05.03.2015.