Cr.M.No.108-MA of 2009 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. State of Haryana APPELLANT VERSUS Om Parkash and others RESPONDENTS CORAM : HON'BLE MR.JUSTICE MEHTAB S.GILL HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present:- Shri S.S.Patter, Senior D.A.G. Haryana for the State. MEHTAB S.GILL, J. This is an appeal filed by the State against the order dated 10.12.2008 of the learned Additional Sessions Judge, Rewari whereby he acquitted Om Parkash, Ashok and Dabbu Driver. Learned counsel for the State has argued that the complainant was working in the Anganbadi. On 28.8.2002 at 9 a.m. she went to her office. When she reached the Gate of her office, respondent Om Parkash requested her to accompany him on his motor cycle. She was taken to an unknown place where Cr.M.No.108-MA of 2009 -2- Ashok and Dabbu were also present. Rape was committed on her from 28.8.2002 to 31.8.2002. For 4 days she was compelled to take Salphas tablets. On eating the tablet, she became unconscious. She was taken to the hospital by her husband and uncle. She made her statement while she was unconscious. Learned counsel has argued that there is unrebuttable evidence as propounded by Dr.Vipula Gadh PW-4 and the prosecutrix herself who came into the witness-box as PW-2, Nathu Ram PW-4 have corroborated her statement. We have heard the learned counsel for the parties and perused the impugned judgment. The police after a thorough investigation, filed a cancellation report. Though the statement of the prosecutrix was recorded under Section 164 Cr.P.C. before the J.M.I.C., but in her testimony before the Court, there were glaring loopholes in her statement. She stated that rape was committed on her for 4 days, by all the three accused and on the 4th day at 4 a.m. she was administered Salphas tablets. In her cross-examination, she stated that she remained hospitalized from 1.9.2002 to 9.9.2002 and she remained unconscious for 5-6 days. Dr.Vipula Gadh PW-4 has stated that when the prosecutrix was admitted in the hospital, she was conscious, well oriented, at the time of hospitalization in the General Hospital, Rewari. The cause of her hospitalization was suspected poisoning and not rape. Further, it comes out from the evidence of the prosecution witnesses that daily the police used to meet her. She made no complaint to the police officials regarding the alleged rape during this period. Dr.Vipula Gadh PW-4 who medico-legally examined her, found no evidence of any injury on any part of her body, though in her statement under Section 164 Cr.P.C., the prosecutrix has stated that she was beaten with fists and leg blows and she had suffered many injuries on her thighs and face. Cr.M.No.108-MA of 2009 -3- We do not find any infirmity in the judgment of the learned trial Court. Dismissed. ( MEHTAB S.GILL ) JUDGE (JITENDRA CHAUHAN) July 17, 2009 JUDGE GD