NEETU YADAV Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) The present application has been filed under Section 378 (4) read with Section 482 Cr.P.C. for grant of leave to appeal against judgment of acquittal dated 9.1.2018 passed by Additional Sessions Judge-cumSpecial Court for the cases of Heinous Crime against Women, Faridabad.

(2.) Briefly, the facts of the case are that on 9.12.2016 FIR No. 189 under Sections 323,328,376 and 506 IPC was registered at Police Station Women, Sector 16-A, Faridabad on the basis of statement made by prosecutrix (applicant) alleging that respondent No.2-Chandan Kumar Upadhyay came to her house along with her cousin. She became friend with respondent No.2 on facebook. Respondent No.2 collected her personal information and obtained her mobile number as well. He used to tell her that he was in love with her and called her to meet. On 11.7.2016, respondent No.2 took her to the house of his friend, namely, Shahid Khan and asked her to have physical relations with him but she refused. On 12.7.2016, respondent No.2 offered cold drink, due to which she became unconscious and rape was committed upon her. She regained consciousness on the next morning and she was told to go to her home. Respondent No.2 promised her to marry and developed physical relations on various occasions. After some time, she came to know that he was already married and refused to marry as she belongs to lower caste. He even made her MMS and snatched her mobile.

(3.) On completion of investigation by the police, report under Section 173 Cr.P.C. was submitted before the Court. Thereafter charges were framed for commission of offence punishable under Sections 323,328,376 (2) (n) and 506 IPC.