MOHINDER KAUR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) The instant application has been filed under Section 378(4) Cr.P.C. for grant of leave to appeal against the impugned judgment dated 06.12.2010 passed by the learned Additional Sessions Judge, Jalandhar, whereby respondent No.2 has been acquitted of the charges framed against him.

(2.) Brief facts of the case are that on 03.10.2005, ASI Gulshan Lal along with police party had organized Nakabandi at Khalsa School, Nakodar Road, Jalandhar where Mohinder Kaur-complainant made her statement before Gulshan Lal that on 28.09.2005 her niece Parminder Kaur @ Ruby, who was studying in DAV College, Jalandhar in M.A. Political Science, disclosed that in the month of January, 2005 she had gone to her College. At about 10 a.m. she went out of the college to enquire about some books from the shop situated opposite to the college. When she came out of the gate of the college, a white colour car bearing No. DL-2C-B- 0466 was parked and Bachno wife of Ajaib Singh, called her. Her sons Doli and Ghoki were also present with her. Said Bachno was known to Parminder Kaur @ Ruby earlier. When Parminder Kaur @ Ruby went near them, Bachno made her smell some stupefying drug and she lost her senses. They took her at the place of Peer Baba. They gave her Parshad and after consuming it she again became unconscious. She was taken to a Gurudwara. A photographer and few persons were already present there. Bachno performed the marriage of Parminder Kaur @ Ruby with her son Doli. The victim could see the things happening, but could not resist. When she regained her senses, she made enquiry. She raised an alarm. The above said three accused persons brought her back to DAV College, Jalandhar and she was dropped there. Thereafter, the victim hired an Auto Rickshaw and returned home. She did not disclose this incident to any of the family members, to avoid quarrel. She took her M.A. Examination. After holidays, she took admission in M.A. Part II and started going to her college. When she came to Nakodar Road, to hire an Auto Rickshaw, there Bachno and her sons stopped her and she was shown marriage photographs purported to be performed between her and Doli. Thereafter, the accused insisted upon Parminder Kaur @ Ruby for Court marriage and they blackmailed her. Parminder Kaur @ Ruby denied the marriage and the photographs. The accused persons had threatened to abduct her. On the basis of the aforesaid statement, present case was registered under Sections 328, 366, 496, 368, 463, 464,342, 506, 468, 464, 34 IPC. After completion of investigation, challan was presented in the Court. Finding a prima facie case against respondent no.2, he was charge-sheeted to which the accused respondent pleaded not guilty and claimed trial.

(3.) The prosecution, in order to prove its case, examined SI Harbhajan Singh as PW1, Miss Parminder Kaur as PW2, Mohinder Kaur as PW3, SI Gulashan Lal as PW4 and, Davinder Singh as PW5. Thereafter, statement of the accused was recorded under Section 313 Cr.P.C. All incriminating circumstances were put to him. He denied the same and pleaded innocence.