SATPAL KAUR Vs. KOTAL SINGH AND ORS

JUDGEMENT

(1.) Complainant Satpal Kaur has filed this application seeking leave to appeal against the judgment dated 30.11.2009, passed by the court of Additional Sessions Judge, Faridkot, whereby accused Kotal Singh, Maingal Singh, Mandir Singh and Ranjit Singh (Respondents herein) have been acquitted of the charges framed against them.

(2.) In the present case, the applicant, who is a scheduled caste, had filed a complaint against the Respondents for the offences under Sections 323/324/500/376/452/34/120B IPC and Section 3/4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'the Act'), on the allegations that Respondents No. 1 (real uncle of the applicant), 3 and 4, after administering intoxicants to Respondent No. 2 (real brother of the applicant) used to instigate him, who used to abuse her, as a result of which she was unable to go to her house and was living with one Rajinder Singh of her village. By taking benefit of her plight, Respondents No. 1, 3 and 4 were playing with her honour, regarding which she submitted an application to the police of Police Station Sadar Kotkapura, which was got dismissed by Respondent No. 4. Thereafter, Respondent No. 4 started beating the applicant and uttered derogatory words about her caste. It is further alleged that Respondent No. 4 also used to take her to his field, where he along with Respondents No. 1 and 3 used to rape her. Then she narrated her plight to her mother, Kala Singh Ex-Panch and Rajinder Singh, who tried to make the Respondents understand and advised them not to do such acts, but in vain. The applicant further alleged that on 12.5.2007, she submitted an application, accompanied by an affidavit, to the Senior Superintendent of Police, Faridkot, but no action was taken on the same. Thereafter, after getting herself medico legally examined through the Court on 24.5.2007, the applicant filed the complaint.

(3.) After completion of the preliminary evidence, all the Respondents were summoned under Sections 3 and 4 of the Act, 376/452/ 323/324/500/34 IPC. Thereafter, Respondent No. 4 was charge-sheeted for the offences under Section 3 of the Act and Section 376 IPC. Respondents No. 1 and 3 were charge sheeted for the offence under Section 376 IPC, whereas Respondent No. 2 was charge sheeted for the offences under Sections 323 and 376 read with Section 120B IPC. All the Respondents did not plead guilty and claimed trial.