POOJA Vs. ROBIN AND ANOTHER

JUDGEMENT

(1.) This is an appeal against acquittal filed by prosecutrix (name withheld). By way of this appeal, she has assailed the judgment dated 11.09.2014 rendered by Sh. Ahwani Kumar, Additional Sessions Judge-1, Fatehabad, whereby accused Robin was acquitted for the offence punishable under Sections 450 and 376 of Indian Penal Code (for short 'IPC) for which he was charged against.

(2.) As per the story given by the prosecutrix in complaint Ex.P3, she was divorcee and having son from Gursharan. They were to file a petition for divorce by mutual consent in the Court's at Tohana. She was having a son of the age of 2 years who was residing with her. Her parents are no more. She has been residing with her brother Dinesh, who seldom visits village Kullan as he was running a shop at Uchana, District Jind. On 27.01.2014, accused came to her residence situated at Kullan, District Fatehabad, in inebriated condition and abused her.

(3.) Thereafter, at about 10/10:30 p.m. in the night, he again entered into her house and committed rape on her against her wishes and without her consent. That very night at about 2/2:30 am, she had gone to the house of Robin to lodge protest with the parents of Robin. Accused was present at home at that time. They gave a threat to the complainant-prosecutrix that in case she disclosed this fact, then they would kill her as well her son. Thereafter, they turned her out of the home by catching hold of her by her arms. The following day at about 11 a.m./12:00 noon, she was going to the police station for lodging complaint against accused, when she was in front of the shop of accused, his mother called her and asked her to accompany to her house as they would like to have a talk on the issue. At this, she accompanied Robin's mother to her house. As per complainant, they took her to their T.V. Room. Robin's father was already present there. Robin's father caught hold of the mouth of the prosecutrix whereas his mother held tightly both of her hands from behind and then Robin poured some poisonous substance from the bottle forcibly into her mouth. As per complainant 2/3 drops of that substance went inside her throat and when she was becoming unconscious, she fell down. At that juncture all the aforesaid three persons forcibly dragged her upto to her house. When she regained consciousness, she telephonically called at 100 number whereupon, the police reached her house and called ambulance whereupon she was taken to Civil Hospital, Tohana. On the basis of aforesaid complaint, police machinery was set in motion. Investigations were conducted. The prosecutrix was got medico-legally examined. Statement of prosecutrix under section 164 Cr.P.C. (Ex.P4) was got recorded from the Magistrate. Thereafter, on 29.01.2014, accused was arrested and got medico-legally examined. During the course of investigation, no case was found against Sukhdev Singh and Mahender Kaur, parents of accused. As such, challan was presented only against accused Robin, who alone was charge-sheeted for committing offence punishable under Sections 450 and 376 IPC. Though, the prosecution has examined as many as 12 witnesses in order to prove its case including doctor witnesses who medico-legally examined prosecutrix as well the accused, yet in view of the defence taken by the accused, there is no need to make a mention in detail about their testimonies. At the time of recording of statement of accused under Section 313 Cr.P.C., he took the defence that he has been falsely implicated in this case by the complainant. She had sexual relation with him with her consent and free will for about 2 years. The prosecutrix planned to seek divorce from her husband and then marry him. The accused was also ready and willing for this marriage. On 28.01.2014, prosecutrix came to meet his mother and disclosed her plan for seeking his mother's consent, but his mother did not agree to this marriage. Thereupon, the prosecutrix threatened his mother with dire consequences, but his mother did not relent and the prosecutrix got annoyed and lodged FIR against him and his parents. It is further the defence taken by the accused that even after lodging of FIR and during judicial proceedings, the prosecutrix kept on sending messages through Karnail Singh son of Shankar, Bhura Ram son of Elma Ram, residents of viallage Kullan and Jagwinder @ Bobby, the Sarpanch of village Kullan and even met him in the Court that if they agreed for this marriage, the prosecutrix will resile from her previous statement. He also examined Karnail Singh as DW1 and Monu one of his neighbours as DW2.