HARVINDER KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) Heard. Sufficient cause has been shown for condonation of delay in applying for leave to appeal. The application is, therefore, accepted. The delay of 408 days in applying for leave to appeal is condoned.

(2.) The instant application under Sec. 378 (4) Cr.P.C. has been filed by the complainant against acquittal of respondents No. 2 to 5 (private respondents) vide judgment dated 8.9.2014 passed by the Additional Sessions Judge, Ludhiana.

(3.) Put pithily, the private respondents were booked and tried under Ss. 376, 452, 354, 323 and 506 read with Sec. 34 IPC on the allegations that at about 2.00 p.m. on 13.4.2011, respondent No. 2 -Baba Harpal Singh @ Pali committed rape with the applicant against her wishes. He also threatened her with dire consequences. Thereafter, again on 9.5.2011, respondent No. 2 by entering into the house of the applicant, tried to rape her by tearing her clothes, but her hue and cry attracted her brother Deepak on the spot, who saved her from his clutches. Respondent No. 2 fled away from the spot. On being called by her brother -Deepak, her maternal aunt Manjit Kaur, maternal uncle Jaswant Singh and their son Rajinder Singh reached the house of the applicant. In the meanwhile, respondent No. 2, his son Satnam Singh @ Mani -respondent No. 3 along with Rinku and Vicky came to her house with lathis and caused injuries on the right hand of her uncle Jaswant Singh, on the head of her maternal aunt Manjit Kaur as well as to her brothers Rajinder Singh and Deepak in her presence.