XXX Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Appellant, who is the complainant in FIR No.46 dtd. 25/5/2019, under Ss. 376, 389, 420, 506 of IPC, registered at Police Station Sadar Zira, seeks to challenge judgment dtd. 19/1/2022, passed by learned Additional Sessions Judge, Ferozepur, whereby respondent no.2 has been acquitted of the charges framed against him for the offences as above.

(2.) Brief facts necessary for adjudication of the matter are that FIR No.46 dtd. 25/5/2019 was registered against respondent no.2 on the statement of the complainant recorded on 25/5/2019, Ex.P-1. In the said statement the complainant stated that she was about 29 years old and having completed her Bachelors of Art was involved in domestic household work. She further stated that she got acquainted with respondent no.2 about three years ago and he while alluring her on a promise of marriage, developed physical relations with her against her wishes. It is further stated that the accused would take her to his residence forcibly and commit rape upon her and that he would pressurize her to bring money and gold from her house on the threat that otherwise he would reveal everything to her family members and would implicate her alongwith her family members in some criminal case as he had relations with some gangsters. The complainant further stated that out of fear she gave a gold bangle (Kara) weighing 1-1/4 tola to the accused. She also gave Rs.15,000.00 to him on his demand, however, he did not solemnize marriage with her. The complainant's parents solemnized her marriage with one Jagdeep Singh on 8/4/2019. The complainant stated that when she came to her parental home after marriage on 15/4/2019, the accused met her in the village and invited her for his birthday. The accused is further stated to have threatened her that in case she did not come for his birthday he would reveal their illicit relations to her in laws. Thereafter, the accused is alleged to have taken her to his residence on a motorcycle and committed rape upon her at his residence and thereafter dropped her back at her house in the parental village. It is further stated that the accused nevertheless revealed their illicit relations to her in-laws family due to which a Panchayati divorce took place between the complainant and her husband on 3/5/2019. The complainant alleged that she did not reveal these facts to maintain the honour of the family, however, on 25/5/2019, the accused met her at her parental village and asked her to accompany him to Zira otherwise he would kill her family. It is stated that the complainant thereafter informed her family and then reported the matter to the police.

(3.) FIR No.46 dtd. 25/5/2019 was registered on the basis of the statement of the complainant. Pursuant thereto Investigating Officer SI Shimla Rani (PW5) inspected the spot i.e. house of the accused and prepared the site plan Ex.PW14/A. Statement of the witnesses were recorded and medical examination of the prosecutrix conducted at Civil Hospital, Zira on 26/5/2019. Statement of the prosecutrix under Sec. 164 Cr.P.C. was recorded on 26/5/2019.