IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

Reserved On : March 09, 2026 Pronounced On : March 30, 2026 Sxxxxxx .... Appellant vs.

State of Haryana and another .... Respondents CORAM : HON’BLE MR. JUSTICE ANOOP CHITKARA.

HON’BLE MRS. JUSTICE SUKHVINDER KAUR.

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Present : Mr. Sumit Singh, Advocate for the applicant-appellant (through VC)

Mr. Yuvraj Shandilya, AAG, Haryana.

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SUKHVINDER KAUR , J . :

1. Appellant/prosecutrix (name withheld) has preferred the instant appeal against judgment dated 14.08.2025, passed by learned Additional Sessions Judge-cum-Exclusive Court for Fast Tracking of Heinous Crime against Women), Karnal (hereinafter referred to as – the Trial Court), vide which respondent No.2/accused Julfkar @ Julfa has been acquitted in case FIR No.97 dated 19.05.2022, under Sections 376(2)(n) and

506 IPC, registered at Police Station Women, District Karnal.

2. Shorn off the unnecessary details, the brief facts, as per prosecution version is that on 19.05.2022, the appellant moved an application with the police, wherein it was stated that she was illiterate. The house of accused Julfkar was near to her house. He had been talking to her on phone since about a year. He enticed her and took her in the fields of Asim and Alma in Village Mundogarhi many times and committed rape upon her, on the pretext of marriage. His brother Nazim used to support him. However, when the family of the complainant came to know about all this, she stopped talking with the accused, on asking of her family members. Thereafter, accused Julfkar and Nazim came to her house in the absence of her family members and accused Julfa again committed rape upon her and also threatened to kill her if she would disclose the matter to anyone. Nazim threatened her while showing the pistol and molested her. The prosecutrix moved an application to the police of Police Station Gharaunda, who put pressure on her family and obtained her thumb impressions under pressure and sent her back to her house. Upon the said application, the aforesaid FIR was registered.

3. During investigation, statement of victim under Section 164 Cr.P.C. was recorded. Her medical examination was got conducted. Rough site plan of place of occurrence was prepared after inspecting the place. Statements of the witnesses were recorded. Thereafter, on 21.05.2022, the accused was arrested. On his disclosure statement, he got demarcated the place of occurrence. However, co-accused namely Nazim was found innocent during investigation and therefore, Sections 354 and 34 IPC were deleted and thereafter, Challan was presented in the Court.

4. Offence under Section 376(2)(n) IPC, being exclusively triable by the Court of Sessions, this case was committed to the Court of Sessions by learned Judicial Magistrate First Class, Panipat on 29.07.2022.

5. Finding a prima facie case, charges for offences punishable under Sections 376(2)(n) and 506 IPC were framed against the accused vide order dated 24.08.2022, to which he pleaded not guilty and claimed trial.

6. As many as eight witnesses were examined by the prosecution to prove its case. Statement of accused under Section 313 Cr.P.C. was recorded while putting all incriminating evidence to him. He claimed innocence and false implication. However, no defence evidence was led by the accused, except some documentary evidence.

7. Before proceeding further, it would be appropriate to go through the evidence adduced by the prosecution in the present case.

8. The appellant/complainant/prosecutrix appeared as her own witness as PW-1 and reiterated the version given by her in the complaint, moved before the police Authorities. Dr. Birender Nath, who conducted medical examination of accused, appeared as PW-2 and deposed that there was nothing to show that the accused was not capable of performing sexual act. PW-3 Sanjay Kumar, Ahlmad to the Court of learned Judicial Magistrate Ist Class, Karnal, deposed that the statement of prosecutrix under Section 164 Cr.P.C. was re