STATE OF HARYANA Vs. MUNESH @ CHHOTANIA

JUDGEMENT

(1.) THE State of Haryana has filed this application under Section 378(3) of the Code of Criminal Procedure for grant of leave to appeal from an order of acquittal dated 18.3.2008 passed by the Sessions Judge, Narnaul in Sessions Case No. 11 of 2007 titled as "State v. Munesh @ Chhotania" arising from FIR No. 164 dated 1.11.2006 under Sections 363, 366-A, 376 and 506 IPC, Police Station Ateli.

(2.) IN the present case, the aforesaid FIR was registered against the sole accused Munesh @ Chhotania by Som Dutt, father of the prosecutrix, by stating that on 31.10.2006 he went to sleep in the house at night with other family members, and when he got up at 5.00 A.M., he found that the prosecutrix was not present in the house. Efforts were made to trace her. Then he came to know that accused Munesh @ Chhotania was also absconding from his house. When the father of the accused did not give any satisfactory reply, the matter was reported to the police with a suspicion that Munesh @ Chhotania had kidnapped his daughter. On the said statement, the FIR in question was registered against the accused on 1.11.2006 under Sections 363, 366-A, 376 and 506 IPC.

(3.) IN the alleged statement recorded before the police, the prosecutrix had stated that on the night of 31.10.2006 when she came out of the house to urinate, she was overpowered by the accused. Under a threat to kill, she was taken to cremation ground where she was subjected to sexual intercourse against her consent in a Tibara. Thereafter, she was taken to Railway Station, Kathuwas and then to Rewari. After that, she was taken to Delhi Cantt by train. On the next day, she was taken to Mangolpuri from where she and the accused were taken into custody.