IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 13.02.2025.

S xxx ....Appellant.

Versus State of Haryana and another ...Respondents.

***

CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MRS. JUSTICE SUKHVINDER KAUR .......

Present: Mr. Kapil Aggarwal, Advocate for the appellant.

Mr. Hitesh Pandit, Addl. A.G., Haryana.

***

Sukhvinder Kaur , J .

1. Appellant/ prosecutrix has preferred the instant appeal against judgment dated 12.01.2024, passed by learned Additional Sessions Judge- cum-Special Court, Rohtak, vide which respondent No.2-accused Ram Narayan @ Raj Narayan @ Kalu has been acquitted of the offences punishable under Sections 376, 452 and 506 IPC.

2. The factual scenario, as per prosecution version is that on 10.01.2018, the complainant (particulars of prosecutrix are not disclosed to conceal her identity) came to police station and presented an application/ complaint alleging therein that on the night of 9/ 10.01.2018, she was sleeping in a room of her house and her husband was sleeping in the adjoining room. At about, 9:30 P.M., Raj Narayan @ Kalu son of Ram Chander entered into her house and forcibly committed rape upon her. On hearing her hue and cry, her husband woke up and called his brothers namely 'Ba' and 'Di' and nephew 'A'. Accused also threatened to kill her. It was prayed that legal action be taken against the accused.

3. On the basis of aforesaid complaint, case FIR No.17 dated 10.01.2018, under Sections 376, 452 and 506 IPC was registered at Police Station Kalanaur, District Rohtak. Investigation was carried out by L/ SI Sudesh. Site plan was prepared after visiting the spot. Statement of witnesses were recorded. Prosecutrix was got medico legally examined on 10.01.2018. Her statement under Section 164 Cr.P.C. was got recorded from learned Judicial Magistrate Ist Class, Rohtak. Counselling of prosecutrix was conducted on 12.1.2018 by Ms. Jyoti Solanli, Advocate, Legal Adviser. On 28.01.2018, scaled site plan was got prepared from draftsman. Accused was arrested on 20.02.2018 and was got medically examined. He got demarcated the place of occurrence where he had committed rape upon the prosecutrix. After completion of investigation, final report under Section

173 Cr.P.C. was submitted in the Court.

4. After having found a prima facie case, charge for offences punishable under Sections 452, 376 and 506 IPC was framed against the accused, to which he pleaded not guilty and claimed trial.

5. In order to prove its case against the accused prosecution examined as many as 12 witnesses.

6. A glance at the prosecution evidence reveals that in order to prove its case, prosecution examined PW1 Head Constable-Sanjay Kumar who deposed about arrest of accused, his disclosure statement Ex.PW1/1 and regarding getting demarcated the place of occurrence at instance of accused vide demarcation memo Ex.PW1/2. He also deposed regarding getting accused medically examined at General Hospital, Kalanaur.

PW2-ASI Samit Kumar, Draftsman prepared scaled site plan Ex.PW2/1 and proved the same on record.

PW3-prosecutrix deposed that on the night of 09.01.2018, she was sleeping in her house. At about 9:30 P.M. Raj Narayan son of Ram Chander entered into her house and he gagged her mouth and threatened to kill her and committed rape upon her. Her children were sleeping in the same room and her husband was sleeping in the front room. Her children woke up and raised hue and cry which attracted her husband. In the meantime brothers of her husband and neighbours also reached, on hearing the noise. Accused tried to run away but he was caught by her husband and his brothers and son of her brother-in-law (Jeth). The scuffle took place between accused and her husband and brothers of her husband. Police was called at the spot and Sarpanch was also called there. Accused was apprehended by police. Police asked them to come to police station on the next morning as lady police was not available at that time. Then on the next day, she filed a