LAWS(P&H)-2015-5-695

DALJIT KAUR Vs. STATE OF PUNJAB

Decided On May 25, 2015
DALJIT KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) THE prosecutrix has filed the present appeal against the judgment 2.2.2015 passed by the learned Sessions Judge, Rupnagar acquitting respondent -Ranjit Singh, here -in -after referred to as 'the accused', of the charges under Sections 376 IPC and Section 3(1)(XII) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, here -in -after referred to as 'the Act'.

(2.) THE case of the prosecution, in nutshell, is that the prosecutrix is a married woman and doing household work. Accused -Ranjit Singh and his brother Daljit Singh were the sons of real Massi of her husband and, thus, related to her as Jeths. Daljit Singh was settled in Holland. Accused -Ranjit Singh and his daughter Rupinder Kaur were doing the business of sending the people abroad. In the year 2008, the prosecutrix got married to Jagtar Singh against the wishes of her parents as it was intercaste marriage. Accused -Ranjit Singh and Daljit Singh visited her village in the year 2009 and assured her that they would send her and her husband to a foreign country. After some time Daljit Singh went back to Holland. Accused -Ranjit Singh, his daughter Rupinder Kaur and brother Daljit Singh demanded a sum of Rs.28,00,000/ - from the prosecutrix and her husband for sending them to Holland. They assured them that they would also have a share in the show room. As the prosecutrix and her husband were poor people, they could not arrange such a huge amount.

(3.) BOTH the accused got transferred one acre of land belonging to the father -in -law of the prosecutrix with the assurance that they would be settled abroad. In the meantime, accused -Ranjit Singh started keeping evil eye on the prosecutrix. In the absence of her husband, he developed physical relations with her. When she opposed him, he threatened her that their file for sending abroad will be closed and the money paid in advance misappropriated. Due to the same, the prosecutrix could not oppose the accused, who continued to have physical relations with her. Daljit Singh also asked the prosecutrix to have physical relations with him. He threatened her that in case she opposed him, they would not be taken to a foreign country. Rather, he would disclose to her husband regarding her relations with his brother Ranjit Singh.