JUDGMENT

Sukhvinder Kaur, J.

The appellant-Savitri Devi has preferred the instant appeal against judgment dated 28.01.2020, passed by learned Additional Sessions Judge (Exclusive Court for Heinous Crime Against Women) Kurukshetra, vide which respondent No.2-accused Krishan has been acquitted.

2. The facts, as per record, are that Savitri Devi PW-3 complainant/mother of victim moved the complaint dated 17.04.2018 (Ex.P6) to the Superintendent of Police, which was received by PW-4 SI Satyawanti in Police Station Women, Kurukshetra, whereupon she recorded the FIR Ex.P-8 and made her endorsement Ex.P-9 upon the complaint itself.

3. As per version in the above-said complaint, the daughter of the complainant victim PW-1 'K' (name deliberately withheld) was born in the year 2003 and was aged about 15 years and as such a minor and she was studying in 8th class and that accused Krishan used to follow her and tease her. She and her husband had tried to make him understand, but he did not mend his ways even after admitting his mistake and assuring that he would not repeat the same again and that she had also complained to the family of accused in this regard. According to her in January 2018, accused Krishan allured her daughter and enticed her away and had committed rape with her repeatedly. Her daughter was in the custody of accused Krishan and she was pregnant for the last 1½-2 months and the accused was threatening her and her family members and he had kept her daughter/victim in his custody after alluring her and threatening her and her daughter be saved from the accused.

4. During the investigation, PW-I4 ASI Suman, investigating officer, along with complainant-mother of the victim reached at Kirti Nagar on 18.04.2018, where accused Krishan met them and he got recovered the victim from his house. Rough site plan of place of occurrence on the demarcation of victim was prepared. Accused Krishan was sent to the police station. Statement of victim under Section 164 Cr.P.C was got recorded from the learned Judicial Magistrate in Court Complex, Kurukshetra. As per her statement under Section 164 Cr.P.C, the victim refused to accompany her mother to her home upon which she was sent to Child Welfare Committee. Thereafter, an application for conducting medical examination of victim was moved. After her medical examination, Dr. Kanika handed over copy of MLR, sample seal, sealed envelopes and sealed parcels containing two slides, swabs, pubic hair samples, which were taken into possession vide separate recovery memo. The victim was left at Udyan Care, Sector 7, Kurukshetra. Then the accused was interrogated, who suffered the disclosure statement in pursuance of which he got demarcated the place of occurrence vide separate demarcation memo. On 19.04.2018, the accused was got medically examined. After his medical examination, Dr. Surender Kumar handed over copy of MLR, sealed parcel containing underwear, sealed envelope, a forwarding letter and sample seals, which were taken into possession. Blood samples of accused for DNA examination were also taken by Dr. Vinod Kumar and the samples in a sealed parcel and sample impression sheet were taken into possession vide separate recovery memo. The accused was produced in the Court, from where he was sent to judicial custody. Thereafter, ossification test of the victim was got conducted from LNJP Hospital, Kurukshetra and as per opinion, the age of victim was about 15 years. On 20.04.2018, the victim was taken to LNJP Hospital, Kurukshetra, regarding opinion as to whether due to pregnancy, there was any danger to the life of the victim or the child and the Board of Doctors gave their opinion on 21.04.2018 i