MUKTA SHARMA Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The victim (prosecutrix), aggrieved by judgment dated 17.1.2017 passed by learned Additional Sessions Judge, Gurgaon has filed the present appeal challenging acquittal of accused Harvinder Singh for offences punishable under Sections 376 and 180 of IPC, besides seeking leave to appeal.

(2.) The case of prosecution, in nutshell, is that the accused Harvinder Singh is brother-in-law (Jija) of prosecutrix. Since husband of the prosecutrix had some issues and financial problems, the accused had been calling the prosecutrix to meet him to resolve the same. On 29.6.2015, the prosecutrix was called by the accused to meet him at the pool side in a club and when she reached there, he took her upstairs in a room where they discussed the matter for a short while but subsequently he made advances towards her and tried to hug her forcibly. The prosecutrix alleged that the accused forcibly removed her clothes and raped her. The prosecutrix has further alleged that even subsequently the accused kept on sending 'whatsapp' messages to her saying that he loves her. When she could not bear the pain any more then she reported the matter to the police.

(3.) After investigation of the matter, the accused was tried by the Court of Additional Sessions Judge, whereby the accused has been acquitted. The Trial Court concluded as follows:-