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. ------ 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 2 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 3 Criminal Misc. No. 309-MA of 2000