BABITA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Applicant-Prosecutrix has filed this application under Sec. 378(3) Crimial P.C. for grant of special leave to appeal against judgment dated 22.7.2016, vide which, respondents-accused were acquitted of the charges framed against them under Sections 376, 366, 342, 376(D), 506 Penal Code and Sec. 3(1) (xii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) The brief facts of the case are that on 27.9.2014, the prosecutrix, who is married to the complainant Sita Ram, was present alone in her house. It is alleged that at that time, accused Sumit @ Mogli came to her house and made her smell handkerchief, as a result of which, she became unconscious. When she regained her conscious, she found herself confined in a room, where said Sumit @ Mogli and other boy, who was later on identified as Sandeep, were present. Accused Sumit @ Mogli asked the prosecutrix to marry him and threatened her in case she refused his proposal. Thereafter, Sumit @ Mogli and said boy committed rape upon her.

(3.) On 27.9.2014, when Sita Ram husband of the prosecutrix failed to find her since 22.9.2014, he reported the matter to the police, which registered the case under Sec. 346 IPC.