DALWINDER SINGH Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) This petition has been filed by the petitioner impugning the order dated 3.10.2015 passed by the Additional Sessions Judge, Kurukshetra vide which the application filed under Section 319 Cr.P.C. has been dismissed.

(2.) It would be necessary to give the brief background. The police had registered an FIR on the basis of a complaint made by the victim, a 14 years old girl relating to the incident which occurred on 20.2015. There was a marriage in the neighbourhood of the victim. The victim went out of the house at 7.00 P.M. to fetch water from the tap installed in the gali, in front of her house. She saw her aunt Jaswinder Kaur standing there. Jaswinder Kaur's brother Parveen and his two friends caught her and took her towards the house which had a shutter. The house was owned by Jaswinder Kaur, her aunt. She resisted and tried to make noise but her mouth was closed and she was taken inside and raped.

(3.) The incident was reported to the police the next day and the child was sent for her medical examination. Her statement before the Magistrate was recorded on 24.2.2015 which figures in para 7 of the impugned order. She named Parveen and referred to two other persons but were not named. The police challaned Parveen and Mangat as a disclosure statement was made by Parveen revealing the name of his associate. The police also found his location there and challan was presented only against two. When the victim stepped into the witness box, she named Rajesh and Ram Kumar. She stated that she was taken in the house owned by Rajesh and she was raped by Ram Kumar and Rajesh was standing outside. She stated that she had also received injuries as she was beaten with a danda. She maintained that three people raped her. She named Rajesh as the person who was standing outside. She stated that on receipt of a phone call, the accused made her wear her clothes and left her and she came back to her house but there was no one at home and she lay on the bed. She gained consciousness the next day and narrated the occurrence. Her grandmother took her to the police station. She had also stated that the wedding was of the brother of Rajesh. She did not know whether Rajesh had gone in the barat. She admitted that she knew Rajesh who was her negibour and Ram Kumar who was a Lawyer. She also stated that she was giving their names for the first time in the Court.