STATE OF HARYANA Vs. VIKAS

JUDGEMENT

(1.) The State of Haryana has filed the present application under Section 378(3) seeking leave to appeal against the judgment dated 06.10.2016, passed by learned Addl. Sessions Judge, Gurgaon, for short 'Trial Court' vide which the respondents have been acquitted of the charges under Sections 376(1) and 376(2)(i) IPC and section 4 of of The Protection of Children from Sexual Offences Act, for short 'POCSO Act'.

(2.) The brief facts of the case are that an FIR No. 94 dated 21.03.2014 under the above mentioned Sections at Police Station, Sector 40 Gurgaon was registered on the basis of statement made by prosecutrix 'A' alleging that she is 17 years old and native of village Kalyana, Police Station Sadar Charkhi, District Bhiwani and residing with her mother, brother and sister in village Kanhai in a rented accommodation of Billu Yadav. Another prosecutrix, i.e. prosecutrix 'B' who is her friend, also lives nearby in a room with her parents. On 20.03.2014, prosecutrix 'B' stated that she is suffering from stomach ache and both of them went to take medicines. On the way, they met their neighbours Sombir and Vikas who belong to District Rohtak and both the accused told them that they have some cleaning work in a flat in Sushant Lok and you will get Rs. 500/- each for doing the same. Both these accused were previously known to them. Therefore, both the prosecutrixes went with them and on the way, the accused persons told them that the owner of the house of the flat has not reached there and they should wait for sometime. Thereafter, both the accused took them near Fortis Hospital and subsequently in a park and after waiting for a long time, prosecutrix 'A' asked the Sombir whether the owner has come, then he replied that the owner has not reached. Then, both the accused asked the prosecutrixes to go to the park for strolling and then went to South City D block in the park where Sombir-accused started misbehaving with prosecutrix 'A' and accused-Vikas misbehaved with prosecutrix 'B'-Sushila. Both the prosecutrixes objected, but there was nobody present in the park therefore, accused Sombir raped prosecutrix 'A' and Vikas-accused raped prosecutrix 'B'. On the next day in the morning, when both the prosecutrixes returned back to their home, then prosecutrix 'A' revealed the entire incident to her sister i.e. Samina.

(3.) Thereafter, the matter was reported to the police and after registration of the FIR, investigation was carried out and statements of both the prosecutrixes were recorded under Section 164 Cr. P.C., 1973 Both the respondents were arrested on 21.03.2014. The case was committed to the Ld. Sessions Court and prima-facie it was found that offences were made out against accused Sombir under Sections 376(1) IPC and Section 4 of POCSO Act and against Vikas charges were framed under Section 376(2)(i) IPC and Section 4 of POCSO Act, to which both the accused pleaded not guilty and claimed trial.