STATE OF HARYANA Vs. KRISHAN KUMAR

JUDGEMENT

(1.) Judgment dated 29.1.2016 passed by learned Additional Sessions Judge (Exclusive Court for Heinous Crimes Against Women), Kurukshetra stands challenged by the State of Haryana by filing the present application under Section 378 (3) of the Code of Criminal Procedure by seeking grant of leave to appeal whereby the accused/respondent stood acquitted of the charges under Section 376(2)(I) IPC and Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) According to the prosecution, the prosecutrix, who was 35 years of age and having four children, i.e. two sons and two daughters, her youngest daughter being six months old. The prosecutrix was not mentally stable and she used to remain in the house. On 5.5.2015 at 11.00 a.m., her husband Amrit Lal went to Dr. Hakam, Jhansa Chungi Chowk, for taking medicines. When he returned home at 11.40 a.m., he found the door of the room locked and a brick was placed against it inside the room. He saw the accused, who was his neighbour, lying with his wife in a naked condition under a blanket. Accordingly, her husband lodged report with the police for taking legal action against the accused.

(3.) At the trial of the case, Amrit Lal-complainant could not be examined as he had died in the meantime. However, the prosecutrix stepped into the witness box as PW2 and testified as under:-