AMRIK SINGH Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) This application has been filed under Section 378 (4) Cr.P.C. seeking leave to file an appeal against judgment dated 30.11.2012 vide which respondent No.2 was acquitted of the charges framed against him. Respondent No.2 was made to face trial in FIR No. 41 dated 18.5.2012 Police Station Sadar Banga, for commission of offences under Sections 363, 366A and 376 IPC. It was an allegation against him that he had kidnapped the prosecutrix and committed rape upon her against her consent.

(2.) The process of law was started on an application Ex.PB dated 18.5.2012, moved by the applicant (father of the prosecutrix) on the basis of which an FIR Ex.PV was registered against the respondent-accused on the above date. The respondent-accused was arrested on 20.5.2012. The prosecutrix was also taken in custody on that day. She was medico legally examined by Dr. Usha Kiran (PW-6) on 20.5.2012 at 2.30 P.M. No injury mark was found present on private part of the prosecutrix. There was no matting on the hair of the genitalia. There was no fresh hymen rapture. Medico legal report of the prosecutrix was brought on record as Ex.PW6/B.

(3.) The Investigating Officer Inspector Avtar Singh (PW-4) recorded statements of the witnesses and on completion of investigation, final report was put in Court. Copies of the documents were supplied to the accused as per norms. Case was committed to the competent Court for trial on 3.8.2012. The respondent-accused was charge sheeted, to which he pleaded not guilty and claimed trial. The prosecution produced 7 witnesses and also brought on record documentary evidence to prove its case.