IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
Criminal Misc. No. 309-MA of 2000
Dated of Decision:- August 12, 2009
State of Haryana Versus Naseeb Khan
CORAM: HON'BLE MR. JUSTICE MEHTAB S.GILL
HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present:- Sh. S.S.Patter, Sr. D.A.G., Haryana.
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MEHTAB S.GILL, J.
Learned counsel for the State has argued, that the prosecutrix
was returning to her village and when she reached near the field of Kalia
Brahman, respondent waylaid her, molested her and thereafter raped her.
This was witnessed by Tappu @ Randhir, who tried to catch hold of
respondent-Naseeb Khan, but Naseeb Khan ran away. This occurrence was
narrated to the father of the prosecutrix, but out of fear and of loosing face
amongst their co-villagers, they did not report the matter to the police.
Respondents in fact registered a false case against the complainant party.
There is cogent evidence. The prosecutrix appeared as PW1,
Dr.Gopal Goyal PW2 and 12 other witnesses i.e. Rameshwar PW3, Dr.
Minakshi PW4, C.Dilbagh Singh PW5, E/ASI Ram Phal PW6, E/ASI Karan
Singh PW7, L/Const. Usha Rani PW8, SI Virender Singh PW9, ASI Jai
Bhagwan PW10, Ms Archna Smrat PW11, Dr. M.L.Kochar PW12, Randhir
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Criminal Misc. No. 309-MA of 2000
alias Tappu PW13 and ASI Ram Kumar PW14 came forward to support the
prosecution case. Learned trial Court has erred in acquitting the respondent.
We have heard the learned counsel for the State and perused
the impugned judgment.
The prosecutrix appeared as PW1 and stated categorically that
no rape was committed on her. She stated that she did not go anywhere, but
was cleaning the utensils, when the police took her and Naseeb Khan to the
police station. Naseeb Khan was falsely implicated by her cousin Tabu.
She thumb-marked on some blank papers. Naseeb Khan, who is present in
Court, did not commit rape on her. Rameshwar PW3, the father of the
prosecutrix, also did not support the prosecution version. He stated that no
rape was committed on his daughter. Though he was declared hostile, but
his testimony could not be shattered in his cross-examination.
We do not find any infirmity in the judgment of the learned
trial Court.
Dismissed.
(MEHTAB S.GILL)
JUDGE
(JITENDRA CHAUHAN)
August 12, 2009 JUDGE
SKArora
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Criminal Misc. No. 309-MA of 2000