KANTA DEVI Vs. JASPAL

JUDGEMENT

(1.) This application has been filed under Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment dated 13.07.2012 vide which a criminal complaint filed by the applicant was dismissed and the respondent was acquitted of the charge framed against him. The trial Judge has noted the following facts regarding case of the complainant :-

(2.) It was allegation against the respondent accused that on 03.05.2009 he had made an attempt to commit rape upon the complainant/applicant. It was stated by the complainant that she reported the incident to the police, but on account of political pressure the police did not take any action. Her application to the Senior Superintendent of Police also failed to yield any result. After recording preliminary evidence, the respondent was summoned to face trial for commission of offence under Section 376/511 IPC. On his appearance, he was supplied copy of the complaint and other documents as per rules. 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 complainant appeared as her own witness and closed evidence.

(3.) On conclusion of the prosecution's evidence, statement of the respondent-accused was recorded under Section 313 Cr.P.C. Incriminating material existing on record was put to him, which he denied, claimed innocence and false implication. He rather took up a stand that on the fateful day he remained present in his house throughout. The complaint has been filed against him on the asking of DSP Karam Chand, against whom a criminal case is pending and the respondent was a witness in the said case. To pressurize him in connivance with the complainant, the complaint has been filed. He also led evidence in defence.