Crl.Rev No.1672 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Rev No.1672 of 2011 (O&M) Date of Decision: 12.09.2011 Fajri ...Petitioner Vs. Majru & Ors. ...Respondents BEFORE: HON'BLE MR.JUSTICE A.N.JINDAL Present: Mr.Sandeep Sharma, Advocate, for the petitioner. --- A.N.Jindal, J. Prosecutrix Fajri 26 years old, a married lady, levelled allegations against the accused/respondents for outraging her modesty. The accused/respondents (herein referred as the respondents) faced trial and ultimately, they vide judgment dated 5.03.2010 passed by the Judicial Magistrate First Class, Gurgaon, were acquitted. Appeal filed by the petitioner was also dismissed on 7.03.2011 by the Additional Sessions Judge, Gurgaon. Crl.Rev No.1672 of 2011 2 After both the courts below have returned findings of fact regarding acquittal of the respondents, the petitioner has come up in revision. Allegations in nutshell are that on 16.02.2002 at 8 PM when the complainant along with her mother Akbari had gone to attend the call of nature, the respondents exhorted that she should not be spared. When after attending the call of nature she was going back to her house respondents Majru, Siraju, Hakum and Aasu caught hold of her. They did not pay any heed to the protest raised by her mother Akbari but they caught her and started pulling her clothes with mala fide intention to outrage her modesty. Her bangles were broken. On the statement of Fajri, case was registered and investigated. Respondents were arrested and on completion of investigation challan against them was presented in the court. In order to substantiate the charges, the prosecution examined prosecutrix Fajri (PW 1) and her mother Akbari (PW 2). When examined under section 313 of the Code of Criminal Procedure the respondents denied all the the incriminating circumstances and pleaded their innocence. The respondents were acquitted of the charges against them by both the courts below. The occurrence is stated to be dated 16.2.2002, whereas FIR was recorded after a delay of 15 days as Fajri (PW 1) has stated in her cross-examination that she had given application to the police after 16 days. Further both the witnesses are unreliable. On perusal Crl.Rev No.1672 of 2011 3 of affidavits Ex.DA and Ex.DB suffered by Fajri (PW 1) and Akbari (PW 2), raspectively, it transpires that both the witnesses disclosed to the police that the respondents were falsely involved in the case. Even otherwise, statements of both the witnesses are contradictory and full of improvements. No grounds to interfere. Dismissed in limine. (A.N.Jindal) 12.09.2011 Judge rp