SAPNA SONI @ SAPNA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PROSECUTRIX (victim) has filed this appeal under Section 372 of the Code of Criminal Procedure against judgment dated 20.11.2013 passed by learned Sessions Judge, Rupnagar vide which the accused/respondents No.2 and 3 Avinash Kumar and Harish Kumar were acquitted of the charges framed against them under Sections 363/366/376/328/506/34 IPC.

(2.) PROSECUTRIX presented a complaint on 1.7.2012 before Inspector Raminder Singh, Police Station Kiratpur Sahib wherein she alleged that accused -respondent No.2 Avinash Kumar was in contact with her for the last 3 -4 years and was forcing her to talk to her on mobile phone. He also threatened her that if she disclosed this fact to her parents, he will kill her brother and father. On 22.3.2012, said respondent Avinash Kumar again called prosecutrix and compelled her to perform marriage with him otherwise he will finish her family.

(3.) THE said accused also threatened by saying that his relation is having a revolver and said relative does not hesitate to kill anybody. On 23.3.2012, he (Avinash Kumar) again called the prosecutrix in the morning and told her to come to Kiratpur Sahib. Though prosecutrix was not willing to meet him (Avinash Kumar) but she was compelled to come for 5 -10 minutes. Accordingly, the prosecutrix came near the bank of canal where Avinash Kumar and another boy were present in Alto car. Avinash Kumar gagged her mouth and pushed her inside the car. Thereafter, the prosecutrix lost her senses. Mr.Rajender Kumar, father of prosecutrix called her on mobile phone on which accused Avinash Kumar snatched her mobile phone. She was taken inside an office where she was given intoxicant in cold drink and she again lost her senses. One person was talking to her but she could not understand as to what he was saying. She was not in her full senses. Her signatures were also taken on some papers. In the meantime, her parents again called her on phone. She wanted to talk to them but accused -respondent Avinash Kumar snatched her mobile. Thereafter, accused -respondent Avinash Kumar removed the sim from the mobile phone and broke it. Thereafter again, her signatures were taken on 2 -3 blank papers. She was made to sit in the Alto car and taken to a temple. She was offered prasad and thereafter she again lost her senses. She suspected that accused took her photographs in the temple. She was forced to sign some documents. She was not aware about her whereabouts. Accused committed rape with her. She was taken to Delhi. Accused Avinash Kumar told the prosecutrix that they have performed marriage with each other. In fact, prosecutrix wanted to perform the marriage with the consent of her parents. Accused also slapped her. The prosecutrix wanted to return home but she was again given some intoxicant in biscuit and she lost her senses. From there, she was taken to Haridwar. During this period, she was beaten up and rape was committed with her. She was continuously given some intoxicant. During the said period, she was raped 20 -25 times. Then, accused Avinash Kumar started chatting with her cousin (son of her Bua). Later on, she talked to her father. Her father gave assurance to accused Avinash Kumar to return to home and that they will accept their marriage. On the assurance of her father, they came back to Kiratpur Sahib. Accused Avinash Kumar left the prosecutrix at bus stand, Kiratpur Sahib and went away. She disclosed all the facts to her parents. Statement of the prosecutrix was also recorded under Section 164 Cr.P.C.