Deepak Gulati vs State Of Haryana

2. Facts and circumstances giving rise to this appeal are that:

B. The prosecutrix was thrown out after 4 days by the appellant. She then went to one of the hostels in Kurukshetra University, and stayed there for a few days. The warden of the hostel became suspicious and thus, questioned the prosecutrix. The prosecutrix thus narrated the incident to the warden, who informed her father. Meanwhile, the prosecutrix left the hostel and went to a temple, where she once again met the appellant. Here, the appellant convinced her to accompany him to Ambala to get married. When they reached the bus stand, they found her father present there alongwith the police. The appellant was apprehended.

D. The prosecutrix was medically examined on 17.5.1995. Her statement was recorded by the Magistrate under Section 164 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the `Cr.P.C.’) on 20.5.1995. After completing the investigation, a chargesheet was filed against the appellant, and in view of the material on record, charges under Sections 365 and 376 IPC were framed against him by the Sessions Court, vide order dated 3.5.1996.

E. The prosecution examined 13 witnesses in support of its case and in view thereof, the Sessions Court convicted the appellant under Sections 365/376 IPC, vide judgment and order dated 13.11.1998 and awarded him the sentence for the said charges as has been referred to hereinabove.

F. Aggrieved, the appellant preferred Criminal Appeal No. 960-SB of 1998 (D & M) in the High Court of Punjab and Haryana at Chandigarh, which stood dismissed by the impugned judgment and order dated 18.11.1998.

4. The statement of the prosecutrix (PW.7) was recorded under Section 164 Cr.P.C. on 20.5.1995, wherein she has clearly stated that she had gone alongwith the appellant to get married and for such purpose, she had also obtained a certificate from her school as proof of her age. On the said date i.e. 10.5.1995, as the appellant had been unable to reach the pre-decided place, the prosecutrix had telephoned him on the number provided by him. She has further deposed that the appellant had asked her to have a physical relationship with him, but that she had not agreed to do so before marriage. When they reached Kurukshetra and stayed with his relatives there, the appellant had sexual intercourse with her for 3 days. On the 4th day, she was thrown out of the house by the appellant and thus, she had gone to the Girls Hostel in Kurukshetra University, where she had stayed under the pretext of getting admitted to the university. However, the university personnel became suspicious, and after making enquiries from her, they telephoned her house. She then left the university and had gone to the Birla Mandir at Kurukshetra, where she had met appellant. Here he lured her once again, and thus, she had agreed to accompany him to Ambala to get married in court there. However, when they reached the old bus stand Kurukshetra, she had found her father and several police officials present there, and thereafter the appellant had been arrested and the prosecutrix was taken to Karnal.

5. The prosecutrix was examined in court as PW.7 on 5.7.1996, wherein she deposed that on 10.5.1995, as per the agreed plan, she had left her house to go alongwith the appellant to Kurukshetra to get married in court. However, she had not found the appellant at the place decided upon by them, and had thus telephoned him at the number provided to her by him. She was then informed that the appellant had already left for Kurukshetra and hence, waited for him from 12.00 noon till 1.30 p.m. When he arrived, she went alongwith the appellant at 2.30 p.m. to Karna lake (Karnal) by bus. Here, she was taken into some bushes behind the restaurant at Karna lake, and thereafter raped by the appellant. At the said time, she neither raised any objection, nor any hue and cry. The prosecutrix did not even mention the said incident to any person, despite going to Kurukshetra and staying there for 3-4 days. She raised no grievance in this regard before any person or authority at the bus stand. She continued to stay with the appellant in the house of his relatives and was raped there. The appellant continued to postpone their marriage on one pretext or the other. Thereafter, she was thrown out of the house. She thus went and stayed in the University hostel and on being questioned, she disclosed details regarding her treatment to the warden, who informed her family. After this, she went to the Birla Mandir at Kurukshetra, and here she met the appellant once again. The appellant made another attempt to convince her to go to Ambala with him to get married in court there. Upon reaching the old Bus Stand, she found her brother Rajinder there alongwith a police party, who had been accompanying them in a jeep to Karnal.

7. Smt. P. Kant Vashisht (PW.10), Warden of Saraswati Bhawan Kurukshetra University, though did not support the case of the prosecution, and was declared hostile, has deposed in her examination in chief that Geeta, prosecutrix, had been brought to her office by one person, namely, Shri Ashwini, student of the engineering college, and that he had left Geeta in her office, stating that he would inform her parents. After sometime, her brother had come and taken her away. She was cross-examined by the prosecution, and she has deposed that the prosecutrix had in fact stayed in the hostel without any authority/permission. One Nirmla, attendant therein had allowed her to stay in the hostel without any such requisite permission.

23. To conclude, the prosecutrix had left her home voluntarily, of her own free will to get married to the appellant. She was 19 years of age at the relevant time and was, hence, capable of understanding the complications and issues surrounding her marriage to the appellant. According to the version of events provided by her, the prosecutrix had called the appellant on a number given to her by him, to ask him why he had not met her at the place that had been pre- decided by them. She also waited for him for a long time, and when he finally arrived she went with him to the Karna lake where they indulged in sexual intercourse. She did not raise any objection at this stage and made no complaints to any one. Thereafter, she also went to Kurukshetra with the appellant, where she lived with his relatives. Here to, the prosecutrix voluntarily became intimate with the appellant. She then, for some reason, went to live in the hostel at Kurukshetra University illegally, and once again came into contact with the appellant at the Birla Mandir. Thereafter, she even proceeded with the appellant to the old bus-stand in Kurukshetra, to leave for Ambala so that the two of them could get married in court at Ambala. However, here they were apprehended by the police.

25. In view of the above, we are of the considered opinion that the appellant, who has already served more than 3 years sentence, is entitled to the benefit of doubt. Therefore, the appeal succeeds and is allowed. His conviction and sentences awarded by the courts below are set aside. The appellant is on bail. His bail bonds stand discharged.