LAWS(P&H)-2015-8-277

SANDEEP KAUR Vs. STATE OF PUNJAB AND ORS.

Decided On August 04, 2015
Sandeep Kaur Appellant
V/S
State of Punjab and Ors. Respondents

JUDGEMENT

(1.) Present appeal has been preferred by the appellant - Sandeep Kaur challenging acquittal of respondent No. 2 - Vicky son of Jeet Singh by the learned Additional Sessions Judge, SBS Nagar vide judgment dated 25.11.2014 for the offences punishable under Ss. 376 and 420 IPC. FIR No. 153 dated 13.10.2013 was registered on the statement of the appellant - Sandeep Kaur to the effect that her husband had died about one year prior thereto. She had two children, a daughter aged about 7 years and a son about 6 years old. She used to reside at Rahon with her husband and children. After the death of her husband one Saroop Singh along with respondent - Vicky came to her house to pay condolence. Thereafter Vicky started visiting her house regularly and promised to marry her. They started living as husband and wife since the past seven months and developed physical relations as well. On their relations coming to light, parents of respondent - Vicky objected. She thereafter sold their house at Rahon and came to Alachaur and started residing there along with respondent - Vicky and her children. However, parents of respondent - Vicky again objected to their relationship. On directions of his parents and above said Saroop Singh, Vicky refused to marry her. He had extracted money from her and developed physical relations with her on the pretext of marrying her. Therefore, he had raped and cheated her. She prayed for legal action against him. On the basis of this statement, above said FIR was registered.

(2.) Charge was framed against respondent No. 2 for the offences punishable under Sec. 376, 420 IPC. Prosecution examined 11 witnesses to, prove its case. Respondent No. 2 while denying incriminating evidence put to him pleaded innocence and false implication in this case. However, no evidence was led in defence.

(3.) Learned trial Court on considering the entire facts and circumstances as well as the evidence on record concluded that the prosecution had failed to prove its case beyond reasonable doubt against the accused thereby acquitting him of the charges against him.