LAWS(P&H)-2015-1-360

KAMLESH DEVI Vs. STATE OF PUNJAB

Decided On January 20, 2015
KAMLESH DEVI Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) APPELLANT Kamlesh Devi has filed this appeal against State of Punjab and Paramjeet Singh @ Pammi @ Jagdev Singh respondents challenging the impugned judgment dated 22.02.2014 passed by learned Addl. Sessions Judge, Patiala vide which the judgment of conviction and order of sentence dated 19.08.2013 passed by learned Judicial Magistrate Ist Class, Patiala were set aside and accused -respondent No.2 was acquitted.

(2.) NOTICE of motion was issued and learned State counsel as well as learned counsel for respondent No.2 appeared and contested the appeal.

(3.) LOWER Court record was also summoned.I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. From the record, I find that FIR in the present case has been registered on the statement of complainant that her husband is a doctor by profession and running his shop near their house. On 05.07.2010 at about 8.00 P.M., her husband had gone to the village for giving medicine to patient, her father -in -law had gone to dairy for purchasing milk and her mother -in -law was in the bathroom and was taking water from the hand -pump. The main gate of the house was closed from inside. Paramjit Singh @ Pammi (respondent No.2) entered in her house by jumping over the outer wall and used criminal force against the complainant and outraged her modesty and complainant raised alarm. On hearing complainant's voice, her mother -in -law came from the bathroom and then her father -in -law also came to home. Then Paramjit Singh @ Pammi left the complainant and pushed her father -in -law and also threatened to kill complainant and ran away from the spot through the main gate. During this, her shirt was torn and T -shirt of Pammi was also lying there. The complainant told the above -said incident to her husband and family of her in -laws and due to hesitation and shame, they did not disclose the matter to anyone but Paramjit Singh @ Pammi did not stop himself from doing these illegal acts and tried to outrage her modesty.