STATE OF HARYANA Vs. SANDEEP NAYAK

JUDGEMENT

(1.) Crl. Misc. 7405 of 2017

(2.) The complainant/applicant has filed the instant application under Section 378 (4) of the Code of Criminal Procedure (for short 'the Code') for grant of leave to appeal against the judgment dated 25.5.2016 passed by the learned Additional Sessions Judge, Sirsa, vide which the respondent has been acquitted of the charges as framed against him.

(3.) The facts giving rise to the present case are that the complainant, who claimed that she has three children, one daughter and two sons, alleged that about 3/4 years prior to the filing of the present complaint, the respondent used to harass her daughter Priyanka, when she used to go to school or for tuition. The respondent used to call on Mobile No. 93543- 32690 from his mobile No. 99966-23929 and used to tease her daughter. He would utter obscene words and abuse the complainant's daughter. The brother-in-law of the complainant, namely Manoj, had gone to the house of the respondent several times and asked his parents to stop him doing all the above acts, but to no avail. It was alleged that on 2.6.2015 at about 11 p.m., the respondent knocked at the door of the house of the complainant and sat in front of the house and started abusing. When the people living in the street gathered, he fled away. On 6.2015 at about 1 a.m. (wee hours) when the complainant, her mother in law, her son and brother Gopal (PW4), were sleeping in Verandah, suddenly a light fell on the mouth of the complainant. She woke up and felt as if somebody was rotating his hands on her mouth.