STATE OF HARYANA Vs. JAI PARKASH

JUDGEMENT

(1.) State of Haryana has filed the present application under Section 378(3) Cr.P.C. for grant of leave to appeal against the judgment dated 29.10.2018 passed by the learned Additional Sessions Judge, Gurugram.

(2.) The criminal proceedings in this case were initiated on the basis of transfer of Zero FIR No.2, dated 26.10.2016 under Section 376 IPC registered at Police Station Hauz Khas, South District New Delhi to Deputy Commissioner of Police, Gurugram. After receipt of the said Zero FIR, the victim (prosecutrix) had been medically examined as regards her being fit to make statement and after recording her statement, the entire incident was found to have taken place at 'The Earth Savour's Foundation, Bandhwari, village near Teri Golf Course, Gurugram. Therefore, the proceedings were transferred to Police Station DLF, Phase-I, Gurugram. On the basis of investigation, the respondents were arrested on 21.12.2016 and consequently charged for the commission of the offence under Section 376(2)(n)(l) IPC.

(3.) Prosecution led its evidence and had examined as many as 16 witnesses.