JYOTI Vs. JATINDER KUMAR @ JEETU AND OTHERS

JUDGEMENT

(1.) Aggrieved of the judgment dated 18.3.2014 passed by the Additional Sessions Judge, Ludhiana whereby the accused/respondents were acquitted of the charges under Sections 366 and 376 IPC, the prosecutrix has filed the present appeal.

(2.) The case of the prosecution in nutshell was that on 2.3.2010, the prosecutrix was engaged by her parents to be married to respondent-Jatinder Kumar @ Jeetu. On 6.3.2010, when the parents of the prosecutrix were away and she was present at her house with her brothers and sisters, Jatinder Kumar @ Jeetu came on a motor cycle and told her that her mother was sitting in his house and she had sent him to call her for some urgent work. After persuading her to accompany him, he took her to village Ramgarh Nangal and during night, he committed rape after tying her arms behind her back. On the next day, he took her to Aligarh where he kept her for two months and during that period also he used to rape her. Somehow she managed to escape and returned to her parents' house at Ludhiana. She was not well for some days. Ultimately, on 27.6.2010, she reported the matter to the police on the basis of which FIR was registered against Jatinder Kumar @ Jeetu, his father Ram Babu and mother Usha.

(3.) Having heard learned counsel for the appellant and perusing the record of the trial Court, this Court finds that though in the admission form Ex. PW7/A, the date of birth of the prosecutrix was mentioned as 14.7.1994 but during her crossexamination, PW7 Sanjana Mehal, Principal of the school admitted that she was not in possession of any record which could indicate that the prosecutrix had been attending the school.