- (1.) This petition has been filed under Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment dated 14.1.2012 vide which respondents No.1 to 3 were acquitted of the charge framed against them. Heard.
(2.) The process of law was initiated against the respondents on a complaint Ex.PB made by Ram Kumar PW-2. The trial Judge has noted the following facts regarding case of the prosecution from the complaint filed by PW-2 :- "that he has three children, sons Nitin, Shekhar and victim daughter. His daughter victim has passed matriculation. Her date of birth is 16.9.1992. She remains at home and does house hold work. His daughter had studied in Rikhi Ram High School, Daultabad upto tenth standard. Ajay was studying in her school. He used to harass his daughter. He and his wife had gone to house of Ajay and lodged protest but of no use. So, they were constrained to discontinue studies of their daughter. On 13.12.2009 at about 6.00 AM his daughter had gone to feed fodder to cattle in gher. Ajay, Sandeep @ Toni and his wife Mamta came. They enticed away his minor daughter victim and took her to a house in Daya Nand Colony. They confined her in a room and threatened with death. Thereafter, Ajay came and committed rape on his daughter. On 14.12.2009, Ajay, Toni and Mamta took his daughter to Arya Samaj Mandir, Delhi and got prepared false marriage certificate. His daughter did not marry Ajay. His daughter is minor and has not attained age for marriage. All three brought his daughter to Daya Nand Colony, Gurgaon. His daughter was kept confined in a room. Ajay committed rape upon her. Toni and his wife Mamta helped in confining his daughter. On 16.12.2009 his daughter was kept in a room. Ajay committed rape on victim several times. Meanwhile, he and his relatives kept searching for victim. On 16.12.2009 when they were searching for victim and had reached near Jai Cinema Chowk, his daughter victim came running from side of Daya Nand Colony. There he and his brother Praveen, Ram Niwas and Ishwar were present. Victim narrated her story. They took their daughter to house of Toni. On seeing them all three ran away. When they were returning to village, elder persons advised them that the matter was of girl. Panchayat was convened several times. No settlement took place in Panchayat because father of Ajay used to hurl abuses."
(3.) The Investigating Officer-ASI Babu Lal (PW-9), after recording FIR Ex. PB/1 on 22.12.2009 against the respondents, went to village Mohammad Ali and recorded statement of the victim. She was medico legally examined. In the meantime, accused was arrested. The Investigating Officer also got recorded statement of the victim under Section 164 Cr.P.C.;