NITU RANI Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The prosecutrix has filed the present appeal for challenging the judgment dated 16.8.2014 passed by the Additional Sessions Judge, Kaithal whereby respondents No.2 and 3, hereinafter referred to as 'the accused', stand acquitted of the charges under Sections 457, 376-D and 506 read with Section 34 of the Indian Penal Code.

(2.) The brief facts of the prosecution case are that on the intervening night of 9/10.8.2013, the prosecutrix, who has three sisters and one brother and she was the eldest, was sleeping in a room of her house. At about 1.00 a.m., accused Rampal entered her room while accused Vicky kept standing outside. Rampal subjected the prosecutrix to rape and threatened to kill her as well as her family if she disclosed anything to any other person. Out of fear she did not disclose about the occurrence to anybody. Again, on the intervening night of 9/10.9.2013 at about 2.00 a.m., when the prosecutrix was sleeping with her mother, both Rampal and Vicky entered her house and tried to rape her. She and her mother raised an alarm. The accused manhandled them. In the meantime, her father came to the spot and caught Rampal, whereas Vicky managed to escape from the spot. The brother of the prosecutrix was away for studies and after his arrival, she narrated the entire episode to him. The prosecutrix then approached the police and prayed for taking legal action against the accused.

(3.) Dr. Preeti Singla, who was examined by the prosecution as PW12, testified that she had medico-legally examined the prosecutrix on 11.9.2013 at 6.30 p.m. She had noticed a bluish bruise on the left side of the forehead and another bluish abrasion with defused swelling over the nose of the prosecutrix. The probable duration of the two injuries was 24 to 78 hours. The type of injuries found on the prosecutrix do not suggest that these were caused while accused Rampal and Vicky made an attempt to commit rape upon her.