LAKHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS criminal revision is directed against the order of acquittal passed by Additional Sessions Judge, Bhiwani in case FIR No. 51 dated 16.2.1994 of PS Sadar Charkhi Dadri (Sessions case No. 29 of 10.6.94 and 3.8.94/Sessions Trial No. 85 of 10.6.94) on 19.8.96 acquitting Hari Raj and Mahabir accused-respondents.

(2.) THE prosecution case in brief is that Urmila daughter of Lakhi Ram aged 15 years was studying in 10+1 in GSSS, Atela Khurd, Bhiwani. On 14-15.2.95 Urmila went to sleep in her house at about 12. Earlier she had been studying. At about 5 A.M., Lakhi Ram got up and found that Urmila was not on her cot. His younger daughter Usha had also slept with Urmila. Usha was found on that cot. He asked his wife Tarawati and daughter Usha about the whereabouts of Urmila. They could not furnish any clue about her. Lakhi Ram searched Urmila here and there but could not find any clue. He suspected Hari Raj @ Pappu accused of having abducted her. Hari Raj was a driver on the four-wheeler of Sombir and was a resident of district Rampur (U.P.). On 16.2.94, Lakhi Ram lodged FIR No. 51 at PS Sadar Charkhi Dadri under Section 363/366 Indian Penal Code. On 21.2.94, ASI Hari Charan was present at Dubaldhan Bus Stand where he came across Hari Raj along with Urmila. He took Hari Raj in custody. He took hold of Urmila also. Dr. Anita Gulia, Medical Officer, General Hospital, Charkhi Dadri medically examined Urmila. In her opinion, she had been subjected to sexual intercourse as her vagina was admitting two fingers at the time of her medical examination. On 21.2.94, Dr. S.C. Gupta, Medical Officer, General Hospital, Charkhi Dadri medically examined Hari Raj accused. In his opinion, he was capable of sexual intercourse. After investigation, Hari Raj and Mahabir were challaned. Mahabir was challaned because Urmila insinuated him also and stated that he was privy to her abduction by Hari Raj accused. She imputed rape to both of them. After investigation, Hari Raj and Mahabir were challaned under Sections 363/366/376 Indian Penal Code (in short "IPC").

(3.) NOT satisfied with the order of acquittal passed by Additional Sessions Judge, Bhiwani, Lakhi Ram, who is father of Urmila-prosecutrix, has invoked the revisional jurisdiction of this Court and has prayed that the order of acquittal be set aside and the accused be punished.