- (1.) CRM No. 48070 of 2012 After hearing counsel for the applicant, application is allowed. Delay of 69 days in filing the appeal stands condoned.
(2.) CRM-A No. 685-MA of 2012 This application has been filed under Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment of acquittal dated 30.3.2012 vide which all the respondents-accused were acquitted of the charge framed against them.
(3.) The respondents were arrayed as accused in a criminal complaint filed by the applicant for commission of offences under Sections 376, 323, 452, 307, 506 read with Section 34 IPC. The trial Judge has noted the following facts from the complaint dated 26.8.2008 (Ex.PB) made by the applicant :- "Complainant was married to Dalbir about nine years ago; they were residing at Gohana. Accused Naresh and Suresh are the cousins (sons of maternal uncle) of complainant. She used to visit the house of the accused in Panipat as they were not having real sister. It is alleged that when she visited the house of the accused at the time of delivery of wife of Naresh, the latter committed rape upon her. On her protest, accused Naresh assured her that he would not repeat such mistake in future. Afterwards about one month prior to her marriage accused Naresh repeated the alleged sexual act upon her and on her raising objection he cautioned that her engagement would be broken in case she made a complaint to any one in this regard. Thereafter she visited her maternal uncle's house twice and on those occasions both Naresh and Suresh attempted to commit rape upon her but they could not succeed. Thereupon, she stopped visiting the house of the accused. It is further alleged that after her marriage, she started living at Gohana and for a period of about six years accused Naresh and Suresh had not committed any offence qua her. On 13.11.2007 accused Naresh had visited her house and when he found her alone he committed rape upon her. He threatened to kill her husband and children in case she disclosed his alleged act to any body. Thereafter Naresh turned habitual to quench his sexual lust with her after putting her under threats of elimination of her husband and children. She used to succumb to his wishes in order to safeguard lives of her husband and children. It is further alleged that on 12.8.2008 accused Naresh and Suresh visited her house and attempted to outrage her modesty. She raised hue and cry upon which her children woke up and started weeping, which led to running away of accused persons. It is further alleged that she could not bear such humiliation and, therefore, she narrated the entire incident to her husband. Her husband reprimanded accused Suresh and Naresh on telephone. On 13.8.2008 all accused forcible entered into the house of complainant and started beating her and her husband. They tried to strangulate her husband. She raised alarm; which attracted neighbours namely Satbir son of Sher Singh and Chand son of Rampat, who rescued her husband. While retreating accused had extended life threats to her. Again, on 14.8.2008 all accused persons alongwith 15-20 vagabonds came to her house in order to kill her husband. But they could not succeed in their evil designs because of presence of her many relatives there and, therefore, the matter ended in grappling without causing any harm by accused persons. At that time Rajesh son of Basti Ram and Rakesh son of Ram Karan were also present.";