Extracted from the PDF above. The PDF is authoritative.
IN T
STATE OF
YASHPAL
CORAM:
Present :
1. The instant impugned j dated 16.04 Station Kos referred as aforesaid of
2. The prosec submitted a stating that had gone to her house. IN THE HIGH COURT OF PUNJ AT CHANDIGAR
CRA
Reser Date E OF HARYANA
Versu PAL
AM: HON’BLE MR. JUSTICE
HON’BLE MRS. JUSTICE
Mr. Aditya Yadav, Advocate w
Mr. Viransh Ghawari, Mr. Atul
Ms. Hemlata, Advocates for the
**** , J. nstant appeal is filed by the State gned judgment dated 09.05.2013 in c 16.04.2012 registered under Sections Kosli, District Rewari vide which ed as accused) has been acquitted o said offences. prosecution story against the accus itted an application Ex.P-3 on 16.04.2 g that on 15.04.2012 at about 8-8:30 P one to their fields. She was alone at h . He forcibly caught her and too
PUNJAB AND HARYANA IGARH CRA-D-772-DB-2014
Reserved on : 04.02.2026 Date of decision:06.03.2026
…. Appellant Versus
…. Respondent GURVINDER SINGH GILL ICE RAMESH KUMARI
. cate with
r. Atul Bhardwaj and
for the respondent. tate of Haryana aggrieved with the 3 in case arising out of FIR No.71 ctions 376 and 452 of IPC at Police which the respondent (hereinafter itted of charges for commission of accused is that prosecutrix PW-3 6.04.2012 to PW-12 ASI Sunder Lal 8:30 PM, the members of her family ne at her house. Accused entered in nd took her to the bathroom in the
the o.71 olice after n of 3 r Lal mily ed in the JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
house of Ra family mem (prosecutrix away by pu the family committed r
3. Pursuant to prosecutrix PW8 Dr. clothes and which was d plan Ex.P- prepared. was recorde arrested. H underwear possession v
4. After presen and 452 of are as under (i) CRA-D-772-DB-2014 of Rampat. He forcibly had physical y members returned home and he ecutrix) was not there. She started se by pushing her mother. She raised al amily to the spot. The victim thus itted rape. ant to lodging of FIR Ex.P-1 by P cutrix was got medically examined. A Suman Tanwar handed over t s and vaginal swabs etc.
to PW-12 A was deposited with PW5 MHC/EASI -17 of place of occurrence and s Statements of PW10 i.e. mother ecorded under Section 161 Cr.P.C. On ed. He was also medically exam wear, sealed envelope and sample ssion vide Ex.P-13.The samples in due presentation of challan and framing 52 of IPC, prosecution examined 12 under:-
PW3 prosecutrix herself step narrated about the occurrence i that on 15.04.2012 at about 8: her house, as her family memb harvesting and finding her alon
-2- hysical relations with her. When her nd her mother noticed that she rted searching for her. Accused ran alarm attracting the members of thus alleged that the accused had by PW-1 ASI Jai Bhagwan, the . After her medical examination, over the sealed parcels containing 12 ASI Sunder Lal vide Ex. P-12 /EASI Bhagwan Das. The rough site and scaled site plan Ex.P-18 were other and father of the prosecutrix On 22.04.2012, the accused was examined. Parcel containing his ample seal was taken into police in due course were sent to FSL. g of charges under Section 376 ed 12 witnesses, whose testimonies lf stepped into the witness box and rence in detail and specifically stated out 8:30PM, when she was alone in members had gone to the fields for er alone, accused took her to nearby n her she ran rs of had , the tion, ining 12 site were utrix was his olice 376 onies and tated ne in s for arby JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
(ii) CRA-D-772-DB-2014 bathroom of Rampat. He gag committed raped her. He also g In the meantime, her mother c pushed her and ran away.
Her She narrated about the inciden also stated that when she was police met them on the way n moved application Ex.P-3 to th CHC Nahar where she was med
PW-10 mother of PW3 depos daughter and two sons are you that on 15.04.2012, at about 8 food. When she returned at ab she did not find her daughter went to the bath room of Ram and saw that accused Yashpa wrong act with her daughter accused fled away from the husband and her brother came the accused but they were una narrated the entire story to committed rape after breakin Thereafter, they went to Police bus stand Nahar where her application Ex. P-3 to the Poli
-3- e gagged her mouth and forcibly also gave elbow blows on her chest. other came on the spot and accused y. Her mother raised noise (alarm). ncident to her family members. She he was taken to police post Nahar, way near bus stand of Nahar. She to the Police, Police brought her to medico-legally examined. deposed that prosecutrix is her elder younger to her. She also alleged out 8 PM, her daughter was cooking d at about 8:30 PM from the fields, ughter in the house. Thereafter, she of Rampat looking for her daughter ashpal @ Guddu was committing ughter and upon seeking her, the the spot after pushing her. Her r came on the spot and searched for re unable to find him. Her daughter ry to her that the accused had reaking the string of her salwar. Police Station and Police met her at e her daughter submitted written e Police. She was with her daughter cibly hest. used rm). . She ahar, he er to elder eged king elds, , she ghter itting , the Her for ghter had lwar. er at ritten ghter JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
(iii) CRA-D-772-DB-2014 when she was medically exam signatures on memo Ex.P containing clothes of PW3 pro swabs and sample seal and en were taken into possession by t PW-12 ASI Sunder Lal cond statement before the Court pr was submitted to him on 15/16.04.2012 by the prosecu with her parents.
He sent ru Kosli for registration of FIR a with her parents to CHC Na medically examined. After MLR was received by him. As per his further testim handed over a parcel, an enve memo Ex.P-12. He deposited t seal with the MHC PS Kosli. He also stated about vis and preparation of site plan statements of the parents of the
PW-12 ASI Sunder Lal the accused medically exam Ex.P-5 pertaining to accused. conducting medical examinatio
-4- y examined. She also identified her Ex.P-12 vide which the parcel 3 prosecutrix and sample of vaginal and envelope containing documents n by the Police. conducted investigation. He in his urt proved that the application P-3 m on the intervening night of rosecutrix when she met him along ruqa Ex.P-15 to Police Station FIR and took the prosecutrix along C Nahar and got the prosecutrix After medico-legally examination, testimony, PW8 Dr. Suman Tanwar envelope, sample seal to him vide sited the parcel, envelop and sample
out visiting the place of occurrence e plan Ex.P-17. He recorded the of the prosecutrix. er Lal also deposed that he also got examined and collected the MLR used. He further deposed that after ination of accused, PW4 Dr. Suresh her arcel ginal ents n his 3 t of long ation long utrix tion, nwar vide mple ence the got LR after resh JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
(iv) CRA-D-772-DB-2014 Kumar Kataria, handed over underwear of accused, sealed e memo Ex.P-13. The parcel of lower of t of the accused was produced recording of his statement and Ex.P-13, respectively. PW-8 Dr. Suman Tanwar, L her affidavit Ex.P-9 in suppor also proved MLR Ex.P-10. F opinion that possibility of sexu She also exhibited salwar of th her affidavit Ex.P-9, she sta medico-legally examined the p injuries;-
1. Big red colour contusion o scapula and on midline o colum about 15cm.x5cm.lyi
2. Local Examination; No Ext body organs.
Salwar is discharge hymen ruptured No tenderness, liabia’s w admit tip of two finger ea white colour discharge of th
-5- over to him a parcel containing ealed envelope and sample seal vide er of the prosecutrix and underwear duced in the Court at the time of ent and exhibited vide Ex.P-11 and war, LMO. CHC, Nahar tendered support of examination-in-chief and
10. FSL report Ex.P-7 and gave f sexual assault cannot be ruled out. r of the prosecutrix vide Ex.P-11. In he stated that on 16.04.2012, she the prosecutrix and noted following ion on back right medin to ne of body over vertebral .lying vertically. Ext. injury, well developed r is stained with white ured at 7’o clock position. ’s were separated, vagina r easily on P/V examined of the tips of finger. ining vide wear e of and ered and gave out. 1. In she wing JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
(v) (vi) (vii) CRA-D-772-DB-2014
PW8 Dr. Suman Tanwar that she handed over to th containing 8 seal of ST which two swabs, two slides, pubic h another sealed envelope con addressed to FSL bearing 8 sea
! " ## %%& ( (( ( $ # * ) *# $ * + $#
# # * ,''+ )$ ) (vii) PW-11 HC Pritam Singh wherein he stated that on 27.0 him the sample parcels of this he deposited the same on the office of FSL, Madhuban.
-6- anwar in her affidavit Ex.P-9 stated to the Police one sealed parcel which also had brown colour salwar, ubic hairs and a sample of seal and e containing MLR and a letter 8 seal of ST. $*
# # $$ %&%&'% ( ## # )$
$ * ($ $ $ - # )
( *. ngh tendered his affidavit Ex.P-16 n 27.04.2012, SHO handed over to f this case on the direction of MHC, on the same day i.e.27.04.2012 in tated arcel lwar, l and letter
$$ $ $ 16 er to HC, 2 in JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
(viii) /0 (x) /0 /0 ! 1 ''&' ## #$ #* /0 CRA-D-772-DB-2014 (viii)
!
# # $$ # $ # $ $ $ * ASI Sunder Lal vide memo Ex
PW1 ASI Jai Bhagwan prove receipt of an application endorsement Ex.P-2 on ruqa.
PW-7 Constable Ashok Kum the special report to Illaqa M officers. " #$% & *# Lal. 0
' ()%
# '62+ &'%&'2 # #$ # 2'2+ +* # $ $# ## * 3
*#* ## $ # 8 * 79 *8 $ * $
-7- ) (( '-&%&'%
#$ *# PW-12 mo Ex.P12. proved recording of FIR Ex.
proved recording of FIR Ex. P-1 on tion Ex.P-3 and that he made Kumar deposed that he delivered a Magistrate and higher police # $ $ # PW-12 ASI Sunder 451 /# 0
+ # "
# ## $ $ * 7 * # # $$ ( * 5) $ * : ( $ $ 12 1 on ade ered olice nder $ ( JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
/0 /0 CRA-D-772-DB-2014 '!&%&'% * 62& ;&&< # 79 ( $ #
' + $9 #
+ 1 $# =(* +
$ * + ) # # + )$ '!&%&'% + '!&%&'%) $# # $+
) #7( $$7 * $ '6&%&'%)
+ $#
, !
-$ ./ #
+'9 $ +
$ 1 '!&%&'% $ ( * # $ * # $ +
=(* + 1#
$ ( ;2& - ## $ 7 (
-8- ) $ ## 7 $ #) ## 7
# # ( # '9 $
$ $ ( ## * )$ )$ > $ * # ( (
,%5
$* $%&'% 7 $ $# # $
,%59 &8&%&'% +$$ ./0,1
$ $#=(* ## * ) $ * ## $# ( ( $#
$ * $ # $ ## -2& (
'% $ # JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
-
" $ #? 6 ( ##
#
#
) # '& # $ # $#
" '!&%&'% : ( #
#
# ) $+ $ CRA-D-772-DB-2014
$ + # ## # # $# $ (: ( #?
$ # " # # $ * ## # # $ # ) ) # $ # # $( $$ # ## $$ ) #7 $ ) $ $ ## '% )$ ) $ ## )# # # * # $ )
< $(* (
# $ )
# $$* # $ + $ $ (
-9-
( # $ ) # 26- !%4+
$+ #
$+ # '!&%&'% 832& ,'& ( ( * $$( PW8 Dr. Suman Tanwar * ; * )( )$ $ *
$ $ + < %8 #) $ $+ 7 # ) $ + $ # ##
< $ $ ## ( * ,2
$ 7 2 JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
# ## 8 # * 7
) ; 4) # ) # ( (
+ #? $# ;/ 0 .
$# ;/ 0 . @)$ * #( $ * CRA-D-772-DB-2014 ,'& ## $# # $( # $ $$(
< &'&2%& $ # # $ # $: # $ #
) # #(#" ): ( #? $
( $ # ( $# A )$ B $ ## ) $ # + # $
* $$ # $ # ( $$ : # # $$ # ) # (
-10- # * $ ( ## * $$ $# # # * $ # $$( # %&'2 $ # ## ) # ) $ ( ## 4 $$ ## #? $) " ## : ( ) $ ) # # #? $ *$ # $ ( ( * ( #?
$ * $ ( $ JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document CRA-D-772-DB-2014 & $ ' ' ' ( ' '' * % + % ) % ' , ' -11- !"# $ % ' % ' ' $ ' )
' %% ' % % % ' JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document ;/)0 ": ( !" ) ;/#0 4$% CRA-D-772-DB-2014 ( () * "#$%# & $ ) 3 -!#, .
/) / 0 $ ( % ' $ % ( + 1' ( % + 2 !"() / 0 $ A; , -12- * $ ) $% $$ !'! ) 3 (4566" , ' , ' % % ' % ' % 1' ) 3 ' % % 6"
' JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document CRA-D-772-DB-2014 % '' % !#% - . /
% '
;'4!#%!
+ ) C
%
%
% % '
%
' +
!5 ,
+'
'
' 8 +
%
+'
'
%
B
-13-
% ,
!#%!+ , + # ./
'
%
7 % 7 7
7 ' C
%
$
.
%
' %
'
9
'
'
'
JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
;/0 4$( : ( $ *
# )$ # $ # ) ( #
#
$ )$ 4 $
# ;/0 4 # ## * $# ## CRA-D-772-DB-2014 ( $ # $ #?
$ ## $ # $ # ) ## * " # $)# ) ( # $( $$ $ # )$ # ) # $$ :# < # # ( $ $ # # # * " $)# * ) ( ## ): #) ( # 4 # # ) ( $ )$ # # ) @# # . 6 ' / $* '' 0 * * * # * $* ) #7 ( * )# )$ $ -14- )# D* ) 4 $ : # # # )$ # # ) ) # ) ## " # # " # # $ # ) $ + # ## ): $( # # # ) # ) ## 9 ):# $$ # ) $ ( # ) ## ) # 6 $# * # 0 %/ * # ) ( $* )) )* ## * # $$# # # ) ( ) JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document ) , ## ;/0 " ## ( # ) 7( &'&2%&'2 # )$ < %%/ ;/(0 < @)$ 0 # *#* CRA-D-772-DB-2014
= = $ $# ) < $( $* * * $# ## * $ )$ < '2 $$$# # * $$$# $ ## " # 0 (: ( $( $ # # # ## + # # --12344 * ) ( '8 :; $% ' ' ;< ' ' ( < ' = ;< -15- * # $$ ) + $ E * * F1 * 7 . ) $( < < ' $* $# < '% )$ $+ $ )( # ) # ) 1!
6 1 7 1!8'7 4 4 5 &.% 3 ;<
'
%
% % ;<
% ;<
' %
) '7
'
% JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
;/0 4 $# $* )$ ? )
( ( *)$ # $$( $ #?
$ ;/0 9 CRA-D-772-DB-2014 ' ' ;< % % # . < $( * 7). ) " $ ( $* )$ " ( < $( )$ $* '' ,2 $* '' )$ ## # # $ $ + 7 ) $ $ $ + $ # "# # /0 ,2 # #$ ))* # # $ ## 7 * ( -16- < % 6 ## + )$ ( $* '' $ $( < $ ## * # < # * #( < $ $ )$ # ( $ ) 5 ( : ( # # ,'& )$ 3 ## 7 ( ## # $ $ * ## $ + ($ ( $
$ JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document CRA-D-772-DB-2014 ) )$ ## $ # /0 $ + $ # # # * ) &! * * ) ) )$ 7 * : ( /0 ( ( $ # # $ 2 + ) * Suman Tanwar * PW8 Dr. Su $
# " * ##
# #$ $ 7 #
-17-
# ## )$ $ ) #$ * $ * 7 ) ## *# ) $ + ($ #
$ ) ($ # $ )( #) ##
# ,2 # 2 ) # 7 $ # * PW8 Dr. * $$ $ Dr.
Suman Tanwar (# * ) # 7 $ # * ( ( $ # ) # # @# ($ ) $ $ Dr.
* $$ $ Dr. Suman Tanwar (# * ) # 7 $ # * ( ( $ # ) # # @# ($ ) $ $ Dr. # JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
CRA-D-772-DB-2014 /0
* # ( )$ $ # ) $ : # $ )
##
# ,2 * # # ,2 : ## '& ,2 $ * ( )# *
7 :
# * $ # ##
#
! )$ $+
((( 7 4
' # ( # $ ##
-18- '& * :
* $ : ) #7 ( (*# # : )( 8 ( ) ) # # # $ * ! ##
# # $
) #7 $ ( ($) *)$ * # * : # ## #$ )) ( ##
# $ )*$$( # " * #)$ 7 # *# * # * ($)$
)# * : $( ) ,'& # ##
* ( # ( ) #7
JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document
;/:0 4 * #
($ # ;/70 4* ( + ?
23 4 . 1"1,'1'"
CRA-D-772-DB-2014 #
)
/0 ,2 # ( ## ( (($ ## * )$
< &'&2 $* '' ,2*
# # # # #? $ ## ) # * (: ( $ $ $ )
. .33 556 7 3 '" Whether speaking/reasoned:
Whether reportable :
-19-
') $#
# $ ( $ ) ) (($ ) ! 7 ) " $ # &2%&'2 ( ## * ) $ $ + $$( $
( $ ) 2 6 7 3
Yes/No. Yes/No
JYOTI 2026.03.06 16:44 I attest to the accuracy and integrity of this document