JASBIR KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PROSECUTRIX has filed this appeal under Section 372 of the Criminal Procedure Code, against the judgment dated 1.10.2013 passed by the learned Addl.Sessions Judge, Sangrur, vide which the accused Avtar Singh @ Tari, was acquitted for offence under Sections 376, 506 IPC in FIR No. 108 dated 11.5.2013, Police Station Sadar Dhuri, registered on her statement.

(2.) THE prosecution case is that on 11.5.2013, ASI Sukhchain Singh on receiving a telephonic call from Vijay Nursing Home, Barnala, regarding the admission of prosecutrix in the Nursing Home visited the said Nursing Home. After obtaining the opinion regarding the fitness of prosecutrix, her statement was recorded. In her statement she stated that she is a housewife. She was married about 10 years back to Lakhvir Singh. She has got one son and one daughter out of the wedlock. About two years back her neighbour Avtar Singh @ Tari who is living in front of their house, developed forcible sexual relations with her. About four months back, accused visited her house and committed rape with her without her consent. Accused also threatened her that if she disclosed the matter to anybody he would kill her son. Therefore she kept quite. On 9.5.2013, her husband got missed calls. He inquired

(3.) FROM the prosecutrix whether she has given his number to anyone. After sometime, Avtar Singh -accused came in front of her door and threatened her that she should come out and talk to him. To keep her self respect she consumed poison. She was got treated by her husband and brother. Later on, prosecutrix made supplementary statement that on 8.5.2013 also when she was alone at her house accused has committed sexual intercourse with her against her wishes and asked her to come and meet her as he has to go to machine for cutting wheat straw. On these allegations, the challan was filed and charges under Sections 376 and 506 IPC were framed against the accused.