State Of Haryana v. Karan
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH Date of Decision: 07.11.2017 State of Haryana ).Applicant
Versus
Karan )..Respondent
Present:
Mr. Kapil Aggarwal, Additional A.G., Haryana. The State of Haryana has filed the present application under Section 378(3) of the Code of Criminal Procedure for grant of leave to appeal against the judgment dated 17.3.2017 passed by learned Additional Sessions Judge, Sirsa, whereby the accusedrespondent stood acquitted of the charges under Sections 363, 366 and 376(1) IPC and Section 4 of the Protection of Children from Sexual Offences Act, 2012.
According to the prosecution, on 4.5.2016 at about 8.15 p.m., the prosecutrix was going to a shop for purchasing articles. After she reached the shop, the accusedrespondent bought her an icecream, but she threw the same. Earlier also, he had tried to take the prosecutrix in a car on various occasions. He
[2] made her sit in the car and after locking the door, went to purchase something. He brought a bottle of beer and sat in the car. He offered beer to the prosecutrix, but then himself drank the same. Again he tried to give beer forcibly to the prosecutrix, but she refused. The accused went to his office in the car. On reaching the office, he forcibly took her inside and after closing the shutter from outside, came inside through the stairs. The accused put off the jeans worn by her and also put off all his clothes and lay near the prosecutrix. In the morning, the accused asked the prosecutrix not to tell about the occurrence to anyone in the house and in case somebody asked her, then she should say about having gone in a Jagran or to the house of her friend. She returned home and told the entire story to her mother.
Her mother, then took her to the Women Police Station and lodged the FIR. In support of its case, the prosecution examined the prosecutrix as PW7 and her mother as PW8. However, both of them did not support the prosecution case. According to prosecutrix, the accused present in the Court, was not the one, who had committed rape upon her. Even her mother testified that she had gone to the house of her friend and did not disclose to her that the accused, present in the Court, committed rape upon her. With the aforesaid evidence on the file, it cannot be said that the prosecution has been successful in bringing home the guilt of the accused/respondent. No fault can be found with the impugned judgment of acquittal.
[3] The application is without any merit and, accordingly, dismissed. Leave to appeal is declined.
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07.11.2017 ds Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No