CRR No.2815 of 2008 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH ***** CRR No.2815 of 2008 Date of decision : 4.8.2011 Manisha ........Petitioner Vs. State of Haryana and another .......Respondents CORAM : HON'BLE MR. JUSTICE AJAI LAMBA Present:- Mr.Sandeep Kumar Yadav, Advocate, for the petitioner Mr.S.S.Nara, Senior DAG, Haryana --- AJAI LAMBA, J (Oral) : This petition is directed against judgment of acquittal recorded by Additional Sessions Judge, Narnaul dated 10.9.2008. Perusal of the lower Court record and the impugned judgment indicate that the petitioner was arrested by ASI Sher Singh, Police Station Kanina on 23.12.2006 under Sections 107/151 of the Criminal Procedure Code on the complaint of Mehtab Singh-father of the prosecutrix and was released on 24.12.2006 from the Court of Sub Divisional Judicial Magistrate, Mohindergarh. The defence case is that thereafter, the petitioner went to Manglam Tourists, Mathura from 26.12.2006 to 30.12.2006. The fact has been proved by DW 1-Rajiv Goel. DW-2 ASI Sher Singh has stated that on 16.12.2006 DDR No.3 was registered in Police Station Kanina. On 23.12.2006 statement of the prosecutrix was recorded by Magistrate under Section 164 of the Criminal Procedure Code and the said person viz. the prosecutrix was recovered on CRR No.2815 of 2008 -2- 23.12.2006 from the house of Dr.Moti Lal at Mohindergarh. At that time her father, accused Balesh and two-three other persons had accompanied them. Allegation of rape is during the period 24.12.2006 to 30.12.2006. Medico legal aspect of the case does not support commission of rape. There is no evidence to connect semen found on the clothes of the prosecutrix with that of the petitioner. In the facts and circumstances brought out from the record, learned counsel appearing for the petitioner has not been able to justify even filing of this revision petition. The petition is dismissed. (AJAI LAMBA) JUDGE 4.8.2011 akm