AAYUSHI JAIN Vs. STATE OF RAJASTHAN
LAWS(RAJ)-2019-8-30
HIGH COURT OF RAJASTHAN (AT: JAIPUR)
Decided on August 05,2019

Aayushi Jain Appellant
VERSUS
STATE OF RAJASTHAN Respondents

JUDGEMENT

GOVERDHAN BARDHAR,J. - (1.) Respondents No.2 to 4 had faced trial under Sections 342, 366/120-B, 376(2)(N), 323 and 376-D Indian Penal Code, 1860 in an FIR lodged by the appellant/prosecutrix.Learned trial Court vide impugned order dated 11.1.2019 ordered the acquittal of respondents No.2 to 4. Hence, the present appeal by the appellant/prosecutrix.
(2.) We have heard learned counsel for the appellant/prosecutrix and have gone through the record available on the file carefully.
(3.) Learned trial Court while ordering acquittal of the respondents No.2 to 4 has taken in consideration the fact that in- fact appellant and respondent No.2 had got married on 19.1.2016. Although, it was the case of the appellant that the marriage had been performed forcibly, but the documents proved on record belied the said plea taken by the appellant. It has been noticed by the trial Court that Ex.D2 was the certificate issued by Harchandreshwar Mahadev Mandir, Bhuwana, Udaipur and as per the same, marriage of the appellant/prosecutrix was performed with respondent No.2 as per Hindu rites. Ex.D3 was the marriage affidavit. The said affidavit was also not disputed by the appellant/prosecutrix. As per Ex.D4, appellant/prosecutrix had stated that on 21.1.2016, she had gone with her friend of her own accord and nobody was to be blamed for the said act. She also stated that she was a major. It was also stated that the said statement had not been made under pressure. The execution of Ex.D4 was admitted by the appellant/prosecutrix in her cross- examination. Ex.D5 was the marriage certificate issued by Bhuwana 'Gram Panchayat'. The said document was also admitted by the appellant/prosecutrix. She had also admitted that she had gone to the 'Gram Panchayat' at the time of issuance of Ex.D5 and had signed/thumb marked the register maintained by the 'Gram Panchayat'.;


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