IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 08.09.2025 State of Haryana ... Applicant/Appellant Versus Rinku and others … Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL HON'BLE MR. JUSTICE H.S. GREWAL Present:- Mr. Shiva Khurmi, AAG, Haryana for the applicant/appellant.

Mr. Saurabh Dalal, Advocate for the respondents.

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H.S. Grewal, J.

1. The present application has been preferred under Section 378(3) Cr.P.C. seeking grant of leave to appeal against the judgment of acquittal dated 17.03.2018 passed by the learned Additional Sessions Judge/Special Judge, Panipat in case FIR No.334 dated 20.06.2016, registered under Sections 34/365/376-D/506 IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as ‘POCSO Act’), at Police Station Samalkha Panipat.

2. The brief facts of the case are that on 20.06.2016, zero FIR dated 20.06.2016, under Sections 365, 376-D, 506 & 34 IPC and Section 4 of POCSO Act, was received from Police Station Sadar Rohtak which was addressed to Chowki Incharge Ghilor Kalan. It was mentioned therein that the prosecutrix was a student of Class 12^th and residing in village Rithal Narwal. On 26.05.2016, she went to the house of her aunt (bua), at Chhaju Garhi Samalkha and on 12.06.2016, the respondents came to the house of her aunt (bua), when no adult family member was present besides her aunt’s children, who were sleeping. The respondents came in front of her house and informed her that they had made a phone call asking her to step outside. They had also threatened her by saying that if she did not comply, they had other means. Accordingly, she picked up the phone and the respondents asked her to come outside the house, otherwise, they could harm her when she would go to school. On hearing such call, she went outside the house and the respondents forced her to sit in the vehicle and took her to the nearby fields where they had committed rape upon her. The police was informed on telephone that some altercation with a girl took place in the house of Ajmer in village Rithal Narwal and they were requested to reach at the spot. On receiving information, ASI along with Constable Ranbir reached at the house of the prosecutrix where an application was presented by her which was also signed by her. Her date of birth was stated to be as 15.02.2001. Since the incident took place in village Chhajugarhi, which came in the jurisdiction of Police Station Samalkha, Panipat, therefore, zero FIR was registered on 20.06.2016 at 12:10 a.m., on receiving the rukka. The telephonic information to SHO Samalkha was given where ASI Parminder was on duty, who came in Police Post Ghilorh, Police Station Sadar Rohtak and was handed over the file of Zero FIR dated 20.06.2016, whereupon FIR No. 334 dated 20.06.2016 under the abovesaid offences was registered in Police Station Samalkha and the investigation was entrusted to PSI Sunita, Police Station Samalkha.

3. During investigation, the statements of the witnesses were recorded and offences under Section 376-D IPC and Section 4 of the POCSO, 2012 was deleted and offence under Section 6 of the POCSO Act, 2012 was added. On 20.06.2016, the prosecutrix committed suicide by hanging in her house in village Rithal Narwal so that the prosecutrix could not be medico-

legally examined.

4. The respondents were joined in the investigation on 24.06.2016 and they were medico-legally examined in Government Hospital. They all made their respective disclosure statements. On 24.06.2016, respondents No.1 & 2, namely, Rinku and Amarjeet alias Nitu got recovered their Mobile Phone(s) Marka XOLO Black along with SIM no.9991877587 and Samsung DUOS along with SIM no.9671350701 respectively from which they had made call to the prosecutrix. The same were taken into police possession. On 25.06.2016, respondents No.1 & 2 had demarcated the place of occurrence where they had committed rape upon the prosecutrix in a room. As per disclosur