GAYATRI DEVI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The prosecutrix has filed the present appeal for challenging the judgment dated 23.3.2015 passed by the Additional Sessions Judge, Special Court, Sonipat whereby accused Trilok, respondent No.2 herein, stands acquitted of the charges under Sections 376(2), 376 read with Section 511, 323 and 506 IPC.

(2.) efly stated, the prosecution case is that the accused used to visit the house of the prosecutrix for the last 3/4 years before she submitted written complaint against him. He started mis-behaving and quarrelling with the prosecutrix. He even ousted her husband from her house after threatening him. He used to rape her and whenever she objected he would beat her and also tried to strangulate her with a Chunni. He even threatened to kill her husband and her son. About two days back, he entered her house and tried to tear her clothes in order to outrage her modesty. When she objected, he threatened to kill all of them. He even wanted to get transferred her house in his name. He administered some stupefying substance to her and, thereafter, had physical relations with her. He wanted to make similar relations with her daughters also. Accordingly, the prosecutrix submitted application to the police praying therein for taking action against the accused.

(3.) er hearing learned counsel for the appellant and on going through the impugned judgment of acquittal, it may be noticed that Nisha and Yogita, the two daughters of the appellant, had appeared before the trial Court as DW1 and DW2, respectively, and testified that their mother used to call the accused whenever she faced any problem.