USHA SHARMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPELLANT being aggrieved of dismissal of complaint under Sections 420, 376, 148, 149 IPC and consequent acquittal of accused respondent - Dev Sharma has preferred the instant appeal. As per prosecution version, an advertisement for matrimonial alliance was given by respondent No. 2 Dev Sharma. Pursuant to this advertisement, complainant approached respondent No. 2 and ultimately their marriage was settled on 06.01.2007. At that time, accused Nos. 2 to 5 were also present. (Complaint against accused Nos. 2 to 5 was dismissed on 26.02.2009 by the Judicial Magistrate First Class, Fazilka.) Date of marriage was yet to be fixed.

(2.) HOWEVER , respondent No. 2 started visiting the complainant's house after settlement of marriage and took the complainant out to the market and other places. Allegedly respondent No. 2 often stayed at the complainant's house as he was a resident of Amritsar, which is far from the residence of the complainant at Fazilka. He insisted the complainant for developing physical relations with him and on her refusal, he threatened that he would not contract marriage with her. It is further alleged that a week after the settlement of marriage i.e. on 13.01.2007 respondent No. 2 came to the complainant's house in drunken condition, stayed at her house and wanted to develop physical relations with her. On her refusal, he became furious and committed rape upon her. Complainant thereafter approached the other accused and insisted upon fixing the date of marriage. Despite their assurance, date of marriage was not fixed. Ultimately, respondent No. 2 refused to marry her in the first week of September 2007 whereupon she submitted a written complaint to Senior Superintendent of Police, Ferozepur on 14.09.2007 for registration of a case against all the accused persons including respondent No. 2. However, when no action was taken, she approached this Court for registration of a case. Her petition was disposed of with liberty to file a complaint before appropriate forum. She thereafter filed the instant complaint.

(3.) IT is only respondent No. 2 who was summoned to face trial for the offence punishable under Section 376 IPC. Learned trial Court on appreciation of evidence on record dismissed the complaint and acquitted respondent No. 2 of the charge framed against him vide impugned judgment dated 23.04.2013 while specifically holding that there was miserable failure to prove the case against the accused.