NARINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE present application under Section 378(4) Cr.P.C. has been filed by the complainant for grant of special leave to appeal against the judgment dated 19.2.2013 passed by the Additional Sessions Judge, Mansa, whereby the complaint filed by the applicant was dismissed and respondents No.2 and 3 (hereinafter referred to as 'the accused') were acquitted of the charges under Section 376 IPC and Section 376 read with Section 34 IPC.

(2.) IN the complaint filed by her, the complainant had averred that she was a widow, aged about 42 years and working as a domestic help. On 16.4.2010 at about noon time, she was waiting at bus stand of Sardulgarh in order to go to Jagraon. In the meantime, a car, in which the accused were sitting, came there. She knew the accused already. Balwinder Singh accused alighted from the car and went to purchase fruit from a cart. The complainant went to Jaswinder Singh accused and wished him, who wanted to know as to why she was waiting there. On her telling him that she was going to Jagraon, Jaswinder Singh asked her to accompany them as they were also going towards that side. She sat on the rear seat of the car. Balwinder Singh offered fruit to her. Noticing that there was smell of liquor in the car, she told them that she would take a bus but the accused did not listen to her. Jaswinder Singh started driving the car and when they crossed the minor canal, he turned the car on the canal embankment. After covering some distance, when the car was turned towards the field, Balwinder Singh came on the rear seat and sat by the side of the complainant. Jaswinder Singh got down and went away on the pretext of drinking water. Balwinder Singh started misbehaving with her. When she resisted, he showed her a pistol like thing. She became frightened. Balwinder Singh had sexual intercourse with her without her consent. Later on, he alighted from the car and went away after locking the same. Jaswinder Singh then came and also raped her. She was told that if she raised an alarm, she would be killed. She was, thereafter, dropped at Sardulewala road from where she boarded a bus and came back to Sardulgarh. She narrated the entire occurrence to Sewak Singh, who advised her to lodge a report with the police. Accordingly, she went to the Police Station and narrated the entire occurrence. She was asked to come on the next day. When she went to Police Station, once again, the police refused to take any action. Left with no other option, she instituted a private criminal complaint.

(3.) SUBSEQUENT to recording of preliminary evidence, in which the complainant examined herself as CW1, Sewak Singh as CW2 and Dr. Ritu Mittal as CW3, both the accused were summoned. The presence of the accused was procured and the case subsequently committed to the Court of Sessions where they were charged for the aforementioned charges, to which they pleaded not guilty and claimed trial.