Kuldeep v. State Of Haryana
- 1107+228
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH Date of Decision: 16.07.2024 KULDEEP ......PETITIONER Vs.
STATE OF HARYANA .........RESPONDENT
CORAM:
HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present:- Mr. Samay Singh Sandhawalia, Advocate, for the applicant-petitioner.
***** HARPREET KAUR JEEWAN J.
CRM-27822-2024 1.
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!"& 3.2 It is further contended that the petitioner was not present in the alleged 'Dhabha' on the intervening night of 06/07.04.2023 and he was in Delhi as he had to go to drop his family members at the Indira Gandhi International Airport. A copy of the flight tickets are annexed as Annexure P-5. It is also contended that the friends of the prosecutrix who were allegedly informed about the alleged occurrence have stated that the prosecutrix did not disclose any such incident to them as per their statement recorded under Section 161 Cr.P.C. and as per their affidavits (Annexure P-6).
3.3 It is further contended that there is no CCTV footage on record showing the presence of the prosecutrix at the alleged place of occurrence on the intervening night of 06/07.04.2023.
3.4 Learned counsel further contends that the present FIR has been registered since the prosecutrix was issued a show cause notice on 22.12.2022 (Annexure P-8) regarding her absence from the national camp and about her unsatisfactory performance, a letter dated 17.04.2023 (Annexure P-9) was sent to her by the Archery Sports authority of India and putting out the prosecutrix from the archery team. It is further alleged that even the prosecutrix has moved a letter to the Sports Ministry in which allegations have been levelled against the petitioner that due to him and his influence she is not being allowed to join Sports Authority of India.
- 43.5 It is further contended that the petitioner had gone to the house of the prosecutrix on 25.06.2023 to collect archery equipment. However, there was a scuffle between the petitioner and the family members of the victim, due to which a DDR of 25.06.2023 (Annexure P-11) was registered in Police Station, Farrukh Nagar and the statement of the prosecutrix was also recorded in the said DDR.
4.
A reply, dated 20.06.2024, by way of an affidavit of Sh.Sandeep Singh, HPS, Assistant Commissioner of Police, Murthal, Sonipat, along with a copy of the statement of the victim recorded under Section 164 Cr.P.C. and a copy of the birth certificate of the victim as Annexures R-1 and R-2, has already been filed by learned State counsel. The same is taken on record. 5.
Referring to the said reply, learned counsel for the State has opposed the present petition. However, he has confirmed the fact that the statement of the prosecutrix has been recorded before the trial Court but contends that the statement of the other witnesses are yet to be recorded. It is contended that on 07.04.2023, the victim had narrated the entire occurrence to her friends immediately after the occurrence and the chats between them started at 04:48 a.m. and continued till 05:33 a.m. and the said 'whatsapp' conversation has duly been retained in a pen drive. The prosecutrix was 17 years and 09 months of age on the date of alleged occurrence as her date of birth is 27.07.2005 (Annexure R-2).
5.1 Learned State counsel further contends that during the investigation, the entry record has been obtained from the xxx Guest House which corroborates the testimony of the prosecutrix regarding their stay in the said Guest House. Even the call details record and tower location of the
- 5mobile phones of the petitioner and the victim have been obtained and analyzed.
6.
I have considered the contentions raised by learned counsel for the parties and have gone through the paper-book carefully. 7.
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Pending miscellaneous application(s), if any, shall also stand disposed of.
July 16, 2024 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether reportable No