NAMRATA Vs. AMARDEEP SINGH AND ANOTHER

JUDGEMENT

(1.) Crl.Misc.No.27346 of 2011 There is only one day delay in preferring an application seeking leave to appeal. We are convinced on going through the reason stated in the affidavit that the delay has been satisfactorily explained. Therefore, application is allowed and delay is condoned.

(2.) Criminal Misc.A-436-MA of 2011 The application is filed by the prosecutrix invoking the provison under Section 378 of the Code of Criminal Procedure seeking grant of leave to appeal against the judgment of acquittal recorded by the trial Court against accused Amardeep Singh, who was sent up for trial for the offence under Section 376 of the Indian Penal Code.

(3.) The prosecutrix lodged a complaint alleging that when she was staying as paying guest in House No.588, Mota Singh Nagar, Jalandhar to pursue her college education in Lovely Professional University, she joined gym "Amar's Body World" in Johal market near Parveen Bakery. Amar, the owner of the gym tried to be very informal to her. One day he offered some chocolate, but later on she found that it was having some intoxicated substance. When she became unconscious, she was taken upstairs by accused Amar to his personal room and took some obscene photographs of her. Thereafter she made a request to the accused Amar to delete those photographs but he did not accede to her request. The accused also threatened her that he will distribute those photographs in the college. The accused started blackmailing her. She was not allowed to talk to her parents, relatives and friends without his permission. He had even changed her phone number so that nobody could contact her. As the accused promised that he would delete all her photographs only when she gets a permanent tattoo on her back, tattoo in the shape of angel design was put on her back. But the accused had printed his name on her back. The accused even threatened her that he would mail those photographs to her parents. He started introducing the prosecutrix to his friends as his wife. The accused took her to his friends home where arrangement for marriage was made. She was taken to Chandigarh where in a Gurudwara marriage like ceremony was conducted. The accused had wielded threat that he would kill her parents and brother if she did not agree for such arrangement. She made an attempt to commit suicide by cutting her nerve, but her room mate called the accused who took her to kidney hospital and saved her. The accused directed her to convince her parents that she would like to marry the accused as she was in love with him. Her father even decided to commit suicide. On 29 th March, her parents came to Jalandhar without informing her. She narrated the whole occurrence to her parents. Further alleging that accused Amar has spoiled her life and has sexually assaulted her, she prayed for action against the accused.