RANJIT KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment of acquittal dated 13.08.2014 rendered by learned Sessions Judge, Rupnagar, whereby accused Karan Singh alias Karan Kumar was acquitted for the offence punishable under Sec. 342/376/506 of the IPC. Ranjit Kaur, mother of the prosecutrix, lodged FIR of this case with the police on 21.06.2013 by going to the police station along with prosecutrix and husband Nirmal Singh. It was alleged that prosecutrix was 19 years old and studying in Punjabi University, Patiala. On the date of lodging of report with the police, Ranjit Kaur noticed that her daughter was upset. As such, on inquiry, she revealed that about one and half month ago accused -Karan Singh son of Jagdev Singh told her to go to his residence for taking tuition to his children. At about 10.00 AM, she had gone to his house where accused met her. Prosecutrix wanted to meet the children. However, she was made to sit in a room and thereafter accused bolted the door from inside and started misbehaving with her. When she tried to raise alarm, he closed her mouth with his hand and committed rape on her forcibly. He also gave threat of dire consequences in case she discloses this fact to anyone. On account of that she was upset. Complainant disclosed this fact to her husband and then they lodged report with the police. The aforesaid statement, made to the police, was signed by the complainant Ranjit Kaur. It was attested by the prosecutrix and her father Nirmal Singh. On the basis of this statement, investigations were conducted. Victim was taken to the hospital for her medical examination. Site plan of the spot was prepared on the identification of the prosecutrix. On 22.06.2013, statement of prosecutrix under Sec. 164 Cr.P.C. was recorded. On 25.06.2013, accused was arrested and swabs were sent to laboratory for chemical examination. Accused was also medically examined. Statements of witnesses were recorded. After completion of necessary investigations, challan was put in the court.

(2.) Accused was charge -sheeted for offence punishable under Sec. 376/342/506 IPC, to which accused did not plead guilty but claimed trial. After taking entire prosecution evidence, statement of accused, under Sec. 313 Cr.P.C., was recorded where he denied each allegation of the prosecution and pleaded his innocence. The accused pleaded by way of defence that he is innocent and has not committed any offence. He has been falsely implicated in this case in connivance with the police. He took specific stand that in fact the prosecutrix forced him to marry her and was daily calling him on telephone. The family of prosecutrix was nursing a grudge against the accused on account of aforesaid relationship of prosecutrix with the accused. They even earlier tried to implicate him in false cases. Charanjit Singh, brother of the prosecutrix, also implicated him in false case which is pending at Fatehgarh Sahib. The family members of the prosecutrix put pressure upon prosecutrix and under pressure she lodged this false case against him. In fact, he has not committed rape on the prosecutrix. In defence evidence, accused tendered into evidence copy of the order dated 30.05.2013 Ex. D -1, attested copy of bail order dated 21.06.2013 Ex. D -2 and copy of FIR Ex. D -3.

(3.) After hearing both the counsel for the parties, the learned Sessions Judge, Rupnagar recorded the impugned judgment of acquittal against which the complainant Ranjit Kaur has come up in this appeal.