Bitana v. State Of Haryana & ANR

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Criminal Appeal No.D-1127-DB of 2014 Date of Decision : February 16, 2015 Bitana .....Appellant

VERSUS

State of Haryana and another .....Respondents CORAM: HON'BLE MR. JUSTICE T.P.S.MANN HON'BLE MR. JUSTICE DARSHAN SINGH Present : Mr. Sachin Mittal, Advocate.

T.P.S. MANN, J.

The prosecutrix has filed the present appeal against the judgment dated 16.12.2013 passed by the Additional Sessions Judge, Gurgaon whereby respondent No.2-Ramesh, hereinafter referred to as 'the accused', was acquitted of the charges under Sections 376 and 506 IPC.

The case of the prosecutrix, while making complaint to the police, was that she was a labourer and had come in contact with the accused about nine years back, who brought her to his village from Delhi on the pretext of marrying her and had been maintaining sexual relations with her ever since then. She was thrown out of the house by the accused on 4.12.2012 and threatened that if she disclosed about the incident, she would be done to death. She further stated that in order to cause her miscarriage, he would make her eat capsules.

Having heard learned counsel for the appellant and going through the impugned judgment, this Court finds that despite SATISH KUMAR 2015.02.18 16:58 I attest to the accuracy and authenticity of this document Chandigarh

Criminal Appeal No.D-1127-DB of 2014 -2being married to someone else, the appellant had lived with the accused for a period of about nine years. All this while she did not make any complaint that she was being duped by him on the pretext of marrying her. It is her own case that the accused was also a married person. Therefore, the physical relationship between the appellant and the accused was an act of consent and not by way of any mis-representation. This fact assumes significance as the appellant claimed that she married the accused in a temple and, later on, she had filed a petition under the provisions of the Domestic Violence Act against him. Therefore, the making of physical relationship by the accused with the appellant cannot be termed as a rape.

In view of the above, no fault can be found with the impugned judgment passed by the trial Court whereby the accused respondent stands acquitted of the charges against him. The appeal is without any merit and, therefore, dismissed.

( T.P.S. MANN ) JUDGE ( DARSHAN SINGH ) February 16, 2015 JUDGE satish SATISH KUMAR 2015.02.18 16:58 I attest to the accuracy and authenticity of this document Chandigarh