LAWS(P&H)-2015-8-618

RAJVEER KAUR Vs. GURDEEP SINGH AND ANOTHER

Decided On August 18, 2015
Rajveer Kaur Appellant
V/S
Gurdeep Singh And Another Respondents

JUDGEMENT

(1.) This is an appeal against acquittal preferred by prosecutrix arising out of the impugned judgment dated 10.03.2014. The case against respondent No.1-accused was one under Sections 376/506 of Indian Penal Code (for short 'IPC'). The stand of the Prosecutrix is that she was married to Arjun Singh son of Jagmail Singh on 30.09.2009. Gurdeep Singh-accused is the Jeth of prosecutrix. He resides at Samana with his father. About one month back, he came in village Kharodi and at that time her husband Arjun Singh was not at home. Gurdeep Singh, had forcibly committed rape on her and also gave thereat to her life that in case she discloses this fact to anybody, she will be done to death. Thus, due to shame and fear, she did not disclose this fact to anybody. Week back, when she had gone to meet her parents at Ambala, there also she did not disclose this fact to her parents.

(2.) On 16.06.2013, when her mother Jaswant Kaur asked her the reasons for remaining sad then while weeping she disclosed this fact to her mother. As such, on the application dated 17.06.2013 of the prosecutrix, this case was registered. Investigations were conducted. During, investigation, spot was inspected. Prosecutrix was got medicolegally examined from General Hospital, Kaithal. Her statement under Section 164 Cr.P.C. was got recorded. On 29.08.2013, accused was arrested. He was also got medico-legally examined. He also demarcated the place of occurrence. After completion of necessary investigation, accused-respondent No.1, was challaned in this case.

(3.) Accused-respondent-No.1 was charge-sheeted for committing offences under Sections 376 and 506 IPC, to which he did not plead guilty but claimed trial.