ASHA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has assailed the order dtd. 6/8/2021 passed by the learned trial Court vide which the application under Sec. 319 of the Code of Criminal Procedure (for short 'Code') for summoning the respondent no.2 has been dismissed.

(2.) Briefly, an FIR No. 13, dtd. 2/3/2017, under Ss. 376/313/34 IPC has been registered at Police Station Cantt. Ferozepur, on the basis of the statement of the petitioner alleging that she is aged about 23 years. Aman Alfred accused and his brother-in-law Anthony @ Babu, respondent no.2, used to stand in front of confectionary shop opposite her house. On one day, Aman Alfred called her by gestures and presented that he want to solemnize marriage with her. Subsequently, the petitioner and Aman Alfred started meeting each other. One day Aman Alfred and respondent no.2 called her at the house of Aman Alfred at Octroi No.8, Faridkot Road, Ferozepur, where he made forcible physical relations with her despite her resistance on the pretext of solemnization of marriage. In January, 2016 and August 2016, the petitioner became pregnant and on both the occasions, Aman Alfred in connivance with the respondent no.2 administered some medicines forcibly and caused abortion.

(3.) On the false pretext of solemnizing the marriage, Aman Alfred had been committing rape for a period of two years and in connivance with the respondent no.2 got her aborted twice.