JAGVATI Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The applicant-prosecutrix has filed the present application under Section 378(4) of the Code of Criminal Procedure, for short 'Cr.P.C.' for seeking leave to file an appeal against the judgment dated 14.03.2017 vide which respondent No.2-Pappal @ Prince has been acquitted by Learned Additional Sessions Judge, Gurugram, for short 'Trial Court' from the charges under Sections 376 and 506 of Indian Penal Code, for short 'IPC'.

(2.) The brief facts of the case are that prosecutrix made a complaint dated 15.05.2016 that she was married 15 years ago with Sanjay son of Narain Singh and having three children, but her husband died due to some illness nine years back. About six years ago, Pappal-respondent No.2, who is the son of Om Parkash (uncle of the husband of prosecutrix) gave her a proposal for marriage and on that pretext started developing physical relations with her with a further assurance that he will marry with the prosecutrix very shortly. However, he did not fulfill his promise and always tried to misguide her on marriage proposal. During this period, under his disguise, he withdrew Rs.50,000/- from her bank account in Sarv Gramin Bank village Ghanghola, which was in the form of FD on the pretext that there is marriage of his sister and will return the money subsequently. During the period of Diwali, he again withdrew Rs.30,000/- from her F.D. and further had taken Rs.10,000, Rs.20,000/- and Rs.5,000/- from the prosecutrix on various occasions. This brings a total amount of Rs.1.15 lacs (Rupees one lac fifteen thousand) which was misappropriated by respondent No.2-Pappal and now, he is neither ready for marriage; nor returning the money. On the contrary, he showed her a country made pistol and threatened to kill her and thus prayed the police to protect her alongwith her children.

(3.) In order to prove the case, the prosecution examined six witnesses and brought on record documentary evidence. On the other hand, respondent No.2 examined two witnesses, i.e. DW-1-Neeraj and DW-2-Omwati in his defence.