POOJA Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This application has been filed under Section 378(3) Cr. P. C. seeking leave to file an appeal against judgment dated 1.10.2011 vide which respondent No. 2 was acquitted of the charge framed against him. Against accused No. 2, an FIR No. 269 was recorded on 29.7.2010, for commission of an offence punishable under Section 376 IPC, in Police Station Kotwali, District Patiala.

(2.) The process of law was initiated on a statement Ex. PA made by the prosecutrix PW-1, stating that rape was committed upon her without her consent on 12.6.2010 and thereafter, on 21.7.2010. The trial Judge has recorded the following facts from the statement of the Prosecutrix PW-1:-

(3.) After recording statement of the prosecutrix, the Investigating Officer got her medically examined from Dr. Daljit Kaur PW-3. Accused was arrested and after recording statements of other witnesses, final report was put in Court for trial. Copies of the documents were supplied to the accused-respondent No. 2 as per norms and vide order dated 6.1.2011 the case was committed to the competent Court for adjudication. The accused was charge sheeted to which he pleaded not guilty and claimed trial. The prosecution produced 7 witnesses and also brought on record documentary evidence to prove its case.