HARPREET KAUR Vs. SUNNY SHARMA AND ORS.

JUDGEMENT

(1.) THE prosecutrix has filed the present appeal for challenging the judgment dated 8.3.2013 passed by the Additional Sessions Judge, Ludhiana, whereby respondent Sunny Sharma, hereinafter referred to as 'the accused', was acquitted of the charge under Section 376 IPC.

(2.) THE case of the prosecution, as set up by the prosecutrix in her statement made before SI Jagir Singh on 17.6.2012, was that she was a student of 10th class and living with her parents. Her family was on visiting terms with the accused. About 25 days ago when she went to apply henna on the hands of the mother of the accused, it became dark and at the asking of his mother, she stayed back in the house of the accused. She also informed her mother on telephone regarding her staying there. Even earlier, she had been sleeping in the house of the accused. At about mid -night, the accused committed forcible sexual intercourse with her. On 9.6.2012, the mother of the accused came to her house and told her that the accused would die without her and the accused used to threaten the prosecutrix that he had made a movie of her and if she disclosed to anyone, he would upload that movie. He would also give her intoxicating pills. The prosecutrix apprised her mother about the matter.

(3.) IN support of its case, the prosecutrix examined herself as PW1, while her mother Sarabjit Kaur as PW2. However, both of them did not support the case of the prosecution and were declared hostile. During their cross -examination by the learned Additional Public Prosecutor, they did not state anything about commission of rape upon the prosecutrix by the accused. In view of the same, the trial Court vide impugned judgment dated 8.3.2013 acquitted the accused of the charge framed against him after giving him the benefit of doubt. Hence, the present appeal.