SARABJIT KAUR Vs. GOPAL CHAND AND OTHERS

JUDGEMENT

(1.) Applicant, by way of instant application under Section 378(4) of the Code of Criminal Procedure ('Cr.P.C.' for short) seeks leave to appeal against the impugned judgement of acquittal. Brief facts of the case, as noticed by the learned trial court in para 2 of the impugned judgement are that the complaint was presented before the Illaqa Magistrate on 3.6.2009 by Sarabjit Kaur complaining that she was member of scheduled caste and had been issued a certificate by the Tehsildar dated 18.5.2009 so as to certify her caste. The accused Shama and her husband Jiwan Kumar had raised loan of Rs.6000/- from the complainant and despite repeated demands on the part of complainant, they were not repaying the loan.

(2.) On 24.4.2009, the complainant went to the house of the accused where accused no.1 and 3 i.e. Gopal Chand and Mojju were also present being close relatives of accused no.2 and 4. When the complainant demanded an amount from the accused no.2 and 4, all the accused abused and insulted the complainant by name of her caste by uttering words "IS KUTTI CHURI NOON SADE KOLON PAISE MANGAN DA MAJHA AJ CHAKHA DEO" and also uttered words that "ASIN IS NOON KOI PAISA NAHIN DENA HAI ATE IS NOON JHOOTHE CASE VICH FASA DENA HAI TTA IS CHURI KUTTI DI AKAL THIKANE AUGI" in common voice. When the complainant resisted to the derogatory remarks, the accused Gopal Chand gave slaps on her face while accused Shama caught hold her from her hair and accused Jiwan Kumar and Mojju again uttered filthy abuses and inflicted fist blows. The occurrence was witnessed by Ajit Singh son of Ujjagar Singh, Sarabjit Kaur wife of Sukhdev Singh and Narinder Kaur wife of Satnam Singh, all residents of village Mehlanwala who saved the complainant from the clutches of the accused. The complainant alongwith the witnesses approached the local police and narrated the version but the local police did not take any action on the version of the complainant and rather registered FIR under Sections 452/427/323/506 of the Indian Penal Code against the complainant on the basis of false allegations raised by the accused. Left with no other option, the complainant moved the present complaint."

(3.) After leading the preliminary evidence by the complainantappellant, the learned trial court took the cognizance of the matter and issued the summoning order. Accused-respondents appeared. Having found a prima facie case, the learned trial court framed the charges against the accused. Accused pleaded not guilty and claimed trial.