STATE OF HARYANA Vs. LAL SINGH @ LAL CHAND

JUDGEMENT

(1.) State has preferred this appeal against acquittal of respondent-accused along with an application under section 378(3) of the Code of Criminal Procedure, 1973 for grant of leave against the judgment of acquittal and an application for condonation of delay of 104 days in filing the appeal.

(2.) Briefly stated, the case of the prosecution, as per the story given by the prosecutrix, is that on 30.9.2015, the prosecutrix, a 40 years old married lady, gave an information to the police at telephone No. 100 regarding assault on her. As per her allegations, on the date of occurrence, the accused-respondent went to her house and forcibly raped her besides threatening to kill her. She allegedly rescued herself by making call at telephone No. 100 as such, resulting in the arrival of the police in her house when the respondent-accused escaped.

(3.) On appreciation of evidence, the trial Court passed an order of acquittal, disbelieving the story of the prosecutrix that respondent No. 2, who happens to be her brother-in-law (Jeth) had committed rape upon her, as alleged by her. The trial Court while appreciating the evidence has given the following reasons for passing an acquittal order: