CHARANJIT SINGH Vs. STATE OF PUNJAB AND ORS

JUDGEMENT

(1.) This appeal is preferred by the complainant-Charanjit Singh against the judgment dated 5.3.2014 passed by the Court of learned Sessions Judge, Rupnagar vide which the respondents No.2 to 4 have been acquitted of the charges framed against them under Sections 120-B, 312, 313, 315 and 420 of the Indian Penal Code (IPC), in FIR No.122 dated 8.12.2012, Police Station, Chamkaur Sahib.

(2.) The case of the prosecution before the learned trial Court in nut-shell is that complainant-Charanjit Singh sent a complaint to the Senior Superintendent of Police, Rupnagar dated 29.05.2012 against Sapinder Singh, Ex-Sarpanch Amar Singh, Dev Singh and Santa Singh for indulging his daughter Mandeep Kaur in flesh trade on the pretext of marriage and also for giving threats. On the basis of this complaint, enquiry was conducted by Deputy Superintendent of Police (DSP), Chamkaur Sahib and ultimately FIR No.45 dated 31.03.2011 was registered at Police Station, Chamkaur Sahib under Sections 363, 366-A, 376 and 120-B, IPC. In order to escape himself from the legal complications, said Sapinder Singh agreed to perform marriage with his daughter. After the marriage they both started residing with a lady at village Majra Jattan, District Nawan Shahr, who was indulging in Tantrik/Black Magic. Then the said lady along with aforesaid persons had sold his daughter to another person. They further compelled her to indulge in flesh trade. They also threatened her, besides giving her beatings. His daughter anyhow escaped from their clutches on 27.05.2012 and reached home. The accused was acquitted in the abovesaid criminal case bearing FIR No.45 dated 31.03.2011 on the basis of statement of victim. Thereafter the said daughter of the complainant was brought back by maternal aunt of Sapinder Singh and she was kept in village Raillon. The victim in the meantime became pregnant, but Sapinder Singh and his parents got her child aborted from Baweja Hospital, Rupnagar. A divorce deed was also prepared. Then family of Sapinder Singh performed the marriage of said daughter of the complainant with one Raghbir Singh with her changed name of Mandeep Kaur, which marriage was also dissolved after 15 to 20 days, as the couple took divorce. Thereafter marriage of his said daughter was performed with Himmat Singh at Gurudwara Tibbi Sahib, Rupnagar on the intervention of Shammi Grewal, village Panchayat and other respectables. This marriage also lasted only for one month and the victim came to her parents house. After receipt of inquiry report of DSP, Chamkaur Sahib as well as opinion of District Attorney (Legal), the instant case under Sections 312, 313, 315, 420 and 120-B I.P.C., was registered. Accused was formally arrested in this case. On completion of investigation, challan against the present respondents / accused was presented.

(3.) On finding a prima facie case, accused were charge-sheeted for the offences punishable under Sections 120-B, 312, 313, 315 and 420, IPC, to which they pleaded not guilty and claimed trial. During the trial, the prosecution has examined as many as 19 prosecution witnesses in total. Then the statements of accused were duly recorded under Section 313 Cr.P.C., in which they had totally denied all the incriminating evidence brought against them by the prosecution during the trial of the case. Further they pleaded their innocence and false implication in this case. It is also their plea that the complainant and her daughter are habitual of extracting money under the garb of false cases and that they have ensnared them in this case in order to fetch money from them.