- (1.) THIS judgment shall dispose of two Criminal Appeals, bearing No. 587-DB of 2004 and No. 1329-SB of 2004 as also Criminal Revision No. 1902 of 2004, as all these have arisen out of the same judgment dated 2.6.2004 passed by Additional Sessions Judge, Ambala.
(2.) MANY laws have been made to protect the matrimonial ties and also to save the woman from the atrocities committed by her husband or his relatives, but at the same time, administration of justice was not in the interest of making misuse of the trust, created by law in her and her relatives, but we are not in dearth of such cases, where exaggeration of facts is made, net is thrown wider and law is used as an instrument to create a hole in the administration of justice. In such situation, the courts are not helpless or silent spectators to sift the chaff from the grain and not hesitant in condemning such acts on the part of the complainant. A few facts, essential for disposal of the aforesaid appeals and revision petition, as disclosed in her complaint (Ex.P17) dated 7.5.2003 made to the Station House Officer, Police Station Baldev Nagar, Ambala City, the prosecutrix (PW7 - name not being disclosed) alleged that she was married to accused Narinder Kumar on 20.4.2003; prior to the marriage, her father had deposited a sum of Rs. 2,41,000/- in the joint account of the couple. At the time of marriage, adequate dowry was given to her in-laws. However, the accused were not satisfied with the articles of dowry given to them and Lajwanti, mother-in-law of the complainant started taunting her for bringing less dowry. On 28.4.2003, accused Narinder Kumar informed the prosecutrix that she would entertain his fast friend Aman Kumar, who was coming to their house on that day. Accordingly, Aman Kumar came, but she refused to oblige. At this, Narinder Kumar and Aman Kumar-accused caught hold of her and then Aman Kumar with the help of Narinder Kumar (husband of the prosecutrix) committed rape upon her. Subsequently, after Aman Kumar left the place, Narinder Kumar apologised to her and assured that such act would not be repeated in future. Again on 2.5.2003, when the prosecutrix along with her husband Narinder Kumar was taking rest upstairs, Aman Kumar came to their room and raped her with the help of Narinder Kumar. On 4.5.2003, the prosecutrix went to her parents. On repeated queries about her weeping, she disclosed to Malti (her sister) that she has beern raped by the accused. Thereafter, Ram Singh (father of the prosecutrix) took her and other family members to the police station and lodged complaint (Ex.P17), on the basis of which formal First Information Report (Ex. P19) was registered at Police Station Baldev Nagar. On the same day, Dr. Veenu Sethi (PW1). medico-legally examined the prosecutrix and observed as under: "Vagina admits one finger easily, two fingers tight, cervix normal, uterus normal in size. No recent mark of injury is present. History of incident on 2.5.2003. Examination done on 7.5.2003, so there was no need of taking vaginal swabs or underwear." On the basis of the report of Dr. Veenu Sethi (PW1), both the accused were arrested; the dowry articles were recovered by the police vide recovery memo (Ex.P9) and both the accused were medico-legally examined on 8.5.2003 by Dr. Sudhir Kapoor (PW4), who reported that "there was nothing to suggest that both of them were incapable of performing sexual intercourse." Completion of investigation was followed by report against the accused under Sections 498-A, 376, 506 and 120-B IPC.
(3.) ON commitment, accused Lajwanti was charged under Section 498-A/406 IPC. Accused Narinder Kumar was charged under Sections 498-A/406/376(2)(g)/506 IPC, while accused Aman Kumar was charged under Sections 376(2)(g)/506 IPC. All the accused denied the charges and opted for trial.;