DAMAYANTI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE prosecutrix has filed the present appeal for challenging the judgment dated 22.7.2014 passed by the Additional Sessions Judge, S.A.S. Nagar, Mohali, whereby respondent No.2 (hereinafter referred to as 'the accused') was acquitted of the charge under Section 376 IPC.

(2.) THE case of the prosecution, in brief, is that the prosecutrix, who was aged 29 years and pursuing law course, boarded a bus on 25.3.2013 from Mohali to go to Kala Amb. After some time, the accused, who was sitting next to her, asked her as to what she was doing, to which she replied that she was pursuing degree in law. The accused disclosed his name and stated that he was posted in the Army. Both, the prosecutrix and the accused, then came back to Mohali and went to the house of cousin of the accused and stayed there for 4/5 hours. The accused told her that he had since learnt regarding her personal life and, therefore, offered to marry her.

(3.) DURING this period both of them came close to each other and had physical relations. The prosecutrix kept on meeting the accused uptil 28.3.2013 and having sexual relations with the accused as he had told her that he would marry her. On 29.3.2013, the accused left for Pathankot after telling the prosecutrix that he would return after a week. On 6.4.2013, the accused returned and promised the prosecutrix that he would marry her. Subsequent thereto, the prosecutrix contacted him on his mobile. He told her that he would not marry her. The prosecutrix pleaded that the accused had established physical relations with her by promising to marry her and, thereafter, went back on his promise. She appeared before ASI Kanwar Jaswinder Pal Singh on 10.4.2013 and made a statement on the above mentioned lines. On the basis of the same, FIR No. 83 dated 10.4.2013 was registered at Police Station Phase -I, Mohali under Section 376 IPC. At the trial of the case, the prosecution examined the prosecutrix as PW2. The medical evidence was brought on record by way of the testimonies of PW3 Dr. Iqbal Krishan and PW3 Dr. Vineet Nagpal. PW4 Amit Kumar and PW5 Manoj Kumar, deposed about the mobile calls exchanged between the prosecutrix and the accused. The investigation part of the case was brought on the record by PW7 ASI Ramesh Kumar, PW8 ASI Kanwar Jaswinder Pal Singh and PW9 HC Lakhbir Singh. Besides, Ranvir Singh, Draftsman was examined as PW1.