STATE OF HARYANA Vs. SUKHBIR

JUDGEMENT

(1.) CRM-30541-2016 For the reasons stated in the application which is supported by an affidavit, the delay of 142 days in filing the application for grant of leave to appeal is condoned. CRM stands disposed of accordingly. CRM-A-1770-MA of 2016 The present application has been filed under section 378(3) of the Code of Criminal Procedure, 1973 (in short "the Code") for grant of leave to appeal against the judgment of acquittal dated 28.1.2016 passed by the Additional Sessions Judge, Bhiwani.

(2.) Briefly stated, the facts necessary for adjudication of the instant application as narrated therein may be noticed. An FIR No. 459 dated 8.6.2014, under Sections 376(2)(f) and 506 of the Indian Penal Code, 1860 (IPC) was registered at Police Station Badhra, District Bhiwani against the respondent on the allegations that on 8.6.2014 at about 7.00 AM, the respondent, Rambir, Bhagwan Devi, Nirmala Devi by laying the prosecutrix in the street, caused her the injuries and when she tried to run to save herself then by stopping her way, she had been given the threatening. The said persons had forcibly taken the possession of her land and house. Upon the application of the prosecutrix, a case under Sections 323, 341, 447, 506 read with Section 34 IPC was got registered. On getting the doctor's opinion on 9.6.2016, the statement of the prosecutrix was recorded. On 12.6.2014, the prosecutrix came to Police Station and alleged that she had been raped. She was medico legally examined and the matter was investigated. Thereafter, Section 376(2)(f) IPC was added. The statement of prosecutrix was got recorded under Section 164 of the Code. The respondent was arrested on 28.6.2014 and his disclosure statement was recorded. The case was further investigated and the offences under Sections 323, 341, 447 read with Section 34 of IPC were deleted. On completion of the investigation, the challan under Section 173 of the Code was presented in the trial Court.

(3.) Since the offence under Section 376(2)(f) of the IPC was exclusively triable by the Court of Session, the case was committed to the Court of Sessions by the trial Magistrate vide order dated 31.7.2014.