GAYANTI Vs. ANUPAM AND ORS.

JUDGEMENT

(1.) THIS is an appeal against acquittal of accused Anupam son of Ramesh Saini. Prosecutrix assailed the impugned judgment dated 25.03.2013 rendered by learned Additional Sessions Judge, Rewari.

(2.) ON 18.05.2012, prosecutrix gave statement Ex. PA to the effect that she was of the age of 19 years. On 01.01.2012, she was all alone at her house. He sister and father had gone to the village whereas her mother had gone to somebody's house for collecting gas booklet. At about 2.30 PM, accused -Anupam entered into her house. He caught hold of her by her hand and took her inside the room. She made her fall on the ground and after breaking the string of her Salwar, committed rape on her without her consent. She had tried to raise alarm but her mouth was tied with her Chunni (dupatta). After sometime, her mother namely Lalita came there. Thereafter, giving threat to her life and to the life of her mother, accused had run away. The threat was to the effect that in case they disclose this fact to anybody then he would eliminate their entire family. Prosecutrix further deposed that she was under great shock and also had stomach -ache. On that very day, her father and sister namely Ambe came back from the village. Her mother narrated the entire story to them. Many people from village Dharuhera had been putting pressure, on the pretext of compromise, as such she did not lodge the matter with the police whereas only on 18.05.2012 she along with her parents came to the police station and lodged report against the accused. This statement is Ex. PA. After making endorsement Ex. P1/1 on this statement, formal FIR, Ex. P1, was recorded. Rough site plan of the spot was prepared. On 19.05.2012, prosecutrix was medico -legally examined from GH, Rewari. On the same day, statement of prosecutrix, under Section 164 Cr.P.C., was also got recorded. On 21.05.2012, Darshan Ram, father of the prosecutrix, produced photocopy of Scheduled Caste Certificate Mark 'A' before the police which was taken into police possession, vide memo Ex. PK. Supplementary statement of Darshan Ram was recorded under Section 161 Cr.P.C. to the effect that the prosecutrix belongs to SC category. Thereafter, further investigations in this case were conducted by DSP Rajpal.

(3.) FINDING a prima -facie case against accused, he was charge -sheeted for committing offence punishable under Sections 452/376/506 of IPC and under Section 3 of Scheduled Caste and Scheduled Tribes Act, 1989. To the charge, accused did not plead guilty but claimed trial.