KAMLESH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The prosecutrix has filed the present application under Section 378(3) read with Section 272 IPC for permission to file an appeal against the judgment dated 04.12.2017 passed by the learned Additional Sessions Judge-cum-Judge, Special Court for Heinous Crime against Women, Hisar whereby the accused, who is respondent No.2 herein, stood acquitted of the charges under Sections 346, 366, 374, 376(2)(n) and 506 IPC.

(2.) According to the prosecution, on 21.06.2016, Kulbir Singh, husband of the prosecutrix presented an application at Police Station Sadar, Hisar alleging therein that he was doing the work of battery as well as household work. He got married with the prosecutrix in the year 2008 and had two children. On 19.06.2016 at about 9.00 P.M., he was sleeping on the roof of his house. At about 12.00 mid night he heard his daughter weeping. He got up and found his wife missing. He and his family members searched for his wife in the fields but she could not be traced. Accordingly, he requested the police to trace out his wife.

(3.) It is also the case of the prosecution that initially the case for commission of offence punishable under Section 346 IPC was registered. During investigation, the police recovered the prosecutrix and got her statement recorded under Section 161 Cr.P.C. in the presence of Legal Aid Counsel. In her said statement she stated that she had studied upto 8th class. The accused was doing the work of mason in their house for the last two months. On 19.6.2016 at about 12.00 midnight, she came out of her house for urinating. The accused was found present there, who put handkerchief on her mouth and took her away. She tried to raise an alarm but became unconscious. When she regained consciousness, she found herself in a room whereas the accused was sitting next to her. The accused had committed rape upon her. He had also threatened to kill her if she revealed about the incident to anyone. He had confined her in a room and used to lock the room from outside.