ETI BHASIN Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) Complainant-Eti Bhasin, has preferred the present appeal against the judgment dated 14.01.2015 passed by the learned Additional Sessions Judge, Special Court, Sonepat, acquitting respondent No. 2-Gaurav Malik, under Sections 328, 354(c), 376(2), 386, 420 and 506 of the Indian Penal Code (IPC) while convicting him under Sec. 496 Penal Code and sentenced to undergo rigorous imprisonment for a period of 4 years and to pay a fine of Rs. 10,000.00 and in default, further undergo simple imprisonment for a period of one month.

(2.) Briefly stated, the appellant and respondent No. 2 came into contact with each other on a social site and became friends. Respondent No. 2 showed his desire to marry the appellant by telling her that he was unmarried. However, in between Jan., 2011 and June, 2012 both of them did not remain in contact with each other as their parents have come to know about their relationship. Thereafter, respondent No. 2 again procured the mobile number of the appellant and started pressuring her for marriage. Finally on 13.03.2014, he took the appellant for lunch and after administering her some pills committed rape upon her in a car. Respondent No. 2 also prepared audio and video clips of the appellant, while committing rape and then threatened to upload the same on the internet in order to defame her. He also threatened that he would eliminate her and her family members. One-two days thereafter, respondent No. 2 called the appellant to Delhi with her original testimonials, besides Rs. 1 lac to solemnize their marriage. Consequently, under fear and threat of respondent No. 2, the appellant along with her sister met him and solemnized marriage with him. Thereafter, she returned home. However, after 3-4 days, respondent No. 2 telephonically demanded Rs. 1 lac from her under threat of uploading her audio video clips on the internet. He also disclosed to her that he was already married and was just blackmailing her.

(3.) On the basis of above complaint, FIR under Sections 494, 497, 420, 386, 376, 328 and 506 Penal Code was registered. During investigation, statement of the appellant under Sec. 164 Crimial P.C. was also got recorded. She was medico-legally examined. Respondent No. 2 was arrested. After completion of investigation, final report under Sec. 173 Crimial P.C. against respondent No. 2 was presented before the learned Illaqa Magistrate.