POOJA PANDEY Vs. ANIL UMAKANT CHAVAN

JUDGEMENT

(1.) THE appellant -original complainant has preferred this appeal against the Judgment and Order of acquittal dated 20th September, 2013, recorded by the learned Sessions Judge of the City Civil and Sessions Court, Greater Bombay, in Session Case No. 578 of 2011.

(2.) IN brief facts leading to filing of appeal are as follows : -

(3.) IN order to prove her case, the complainant (PW -1) has stepped into the witness box and deposed as per Exhibit 14. She has deposed in minute details as to how she came in contact with accused no.1, as well as their friendship. She has also deposed about the physical relationship, which she had with accused no.1 since the year 2003 onwards. She has specifically deposed about the incident which according to her taken place in the month of July, 2003, when the respondent no.1 -original accused no.1 visited her house in the late night. She has deposed that on that day in the night time the accused no.1 visited her house and told her that he had some argument with his boss in the day time and he was upset. After finishing dinner, he started touching her and tried to get physical with her. She tried to stop him by saying that it is not good before marriage and even tried to divert his mind by talking on other subject. However, accused no.1 did not stop and stated that there is nothing wrong in it as he is going to marry with her and their parents have also agreed for their marriage. She has further deposed that accused no.1 went on assuring her to perform marriage with her and literally pressurised to have physical relation with her. Thereafter, he had sexual intercourse with her. After physical intercourse, accused no.1 left the place by saying that his mother had sent message to him to come back. The accused no.1 even not asked about her well being though she was bleeding and suffering from pain. She was not in a position to visit the doctor or informed anybody so she took Crocin tablet and slept. She has further deposed that after one week, accused no.1 called her and apologised for leaving her in a haste. She has further deposed that thereafter accused no.1 used to have physical relationship with her whenever he used to visit her house as well as other places. All the while he use to assure her that he will perform marryiage with her. This continued for a period of two years. From the month of February, 2005 onwards, she realised that accused no.1 avoiding her and he was not even taking her calls. Whenever, he used to pick up her call, he used to tell her that he was busy and will call her back. She, therefore, got suspicion as to behaviour of accused no.1. She further came to know that he was trying to develop relationship with other females. However she ignored the conduct of accused no.1 as she wanted to marry as soon as possible and thought that after marriage everything will be fine.