AMANDEEP KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The prosecutrix has filed the present appeal for challenging the judgment dated 20.5.2015 passed by learned Special Judge, Sangrur whereby respondent No.2-Nirpal Singh, here-in-after referred to as 'the accused', stood acquitted of the charges under Sections 363, 366, 376 and 506 IPC.

(2.) In brief, the facts of the prosecution case are that the prosecutrix who was studying in B.A.-II year used to go to the house of the accused to take tuition in Maths. The accused used to tell her that he would marry her. On 25.9.2014 at about 5.00 a.m. when she went to the house of the accused for tuition, he lured her with promise of marrying her. He forcibly took her in a car to the High Court to get married and told her that in case she raised an alarm, he would kill her and her family. However, as it happened to be a holiday at the High Court she was made to sit in the car again and taken to the house of an acquaintance of the accused in a village where they stayed for the night. The accused apprised his acquaintance that he was getting married to the prosecutrix. During night, the accused committed rape on the prosecutrix. On 26.9.2014, he again took her to the High Court and made her stand outside while he went somewhere. In the meantime, her father, who was looking for her, arrived there. She apprised him about the entire incident. Her father then took her to his house as she was scared on that day, she could not make the statement to the police. However, she made statement before lady ASI Kuljit Kaur on 27.9.2014 wherein she sought legal action against the accused. Accordingly, on the basis of the said statement, FIR No.185 dated 27.9.2014 under Sections 363, 366, 376 and 506 IPC was registered at Police Station Sadar, Dhuri, District Sangrur.

(3.) After hearing learned counsel for the appellant and on going through the impugned judgment, this Court finds that the appellant was more than eighteen years of age on the date of commission of crime. In her cross-examination, she testified that on 25.9.2014, i.e. the day when the accused had allegedly abducted her and brought her to Chandigarh, she was pregnant and she had come to know about her pregnancy a week before. She also stated that she had taken medicine for abortion, which was given to her by accused but had not informed her mother or any of her friends about her pregnancy. She also testified that on 25.9.2014, they stayed in a room on the first floor and the door of the stairs was bolted from outside. Both of them had taken the dinner with the host, in whose house they stayed for the night. She did not object to the accused introducing her as his wife. According to her, she had been threatened by the accused. She also testified that in that house, there was no threat to her and environment in that house was proper. On 26.9.2014 when the accused told her that they were to go to High Court, she got ready on her own.