- (1.) RAJINDER -complainant, being the victim, has filed this appeal under Section 372 of the Criminal Procedure Code (in short 'Cr.P.C.') against the judgment dated 3.8.2013, passed by learned Additional Sessions Judge (Special Court for Heinous Crime against Women), Karnal, vide which accused Rohit was acquitted of the charges framed against him under Section 376 of the Indian Penal Code (in short 'IPC').
(2.) THE trial Court record was requisitioned and has been examined.
(3.) WE have heard learned counsel for the appellant and have also carefully examined the file. In this case, the case was registered on the statement of present complainant Rajinder, who stated that his daughter (prosecutrix) was coming back from the school alongwith her cousin Vikas on 27.7.2011. When they reached in front of the house of accused, it was found that accused was standing outside his house. Accused told the prosecutrix that his mother was calling her. Prosecutrix went inside the house of the accused. When prosecutrix entered the house, accused closed the door and bolted it from inside. Thereafter, he broke open the string of her salwar and started committing rape upon her forcibly after opening the zip of his pant. Prosecutrix raised alarm 'Bachao Bachao', which attracted Siri Om Tyagi (eye -witness) who rescued the prosecutrix from the clutches of the accused. Accused also threatened the prosecutrix not to disclose the incident to anybody, otherwise her family will be eliminated. Complainant ultimately lodged complaint with the police on 31.7.2011, which culminated in the registration of the case.;