SANDEEP KAUR Vs. STATE OF PUNJAB AND ANOTHER

JUDGEMENT

(1.) Prayer in the instant appeal filed by Sandeep Kaur-appellant (complainant) is for setting aside of the impugned judgment dated 29.07.2015, passed by the learned Additional Sessions Judge, Jalandhar, whereby respondent No. 2-Hardeep Singh was acquitted of the charges framed against him under Sections 376-B and 506 of the Indian Penal Code (IPC).

(2.) In nutshell, the appellant-complainant was married with respondent No. 2 on 11.07.2006. Two children were born out of their wedlock. The marriage turned into a rough weather. Resultantly, the appellant-complainant filed an application under Sec. 125 Cr.P.C. against respondent No. 2 which was still pending. Simultaneously, respondent No. 2 also filed a divorce petition which was dismissed by the learned District Judge, Jalandhar. Upon her complaint under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act'), the appellant-complainant was ordered to be given two rooms in the house of her husband i.e. respondent No. 2 in which she used to reside separately. Around 1.00 A.M. on 14.07.2013, in the midnight, respondent No. 2 forcibly entered into the room of appellant-complainant and committed rape upon her against her wishes by threatening her to keep mum otherwise she would be done to death. Thereafter, respondent No. 2 kept on maintaining illicit relations with her till 20.07.2013. On 20.07.2013, on the instigation of his mother Kulwinder Kaur, respondent No. 2 gave beatings to the appellant-complainant and after committing rape upon her, turned her out of the matrimonial home. Respondent No. 2 and his mother also threatened the appellant-complainant that he will make her pregnant and that she will be turned out of the home by levelling false allegations on her character. Respondent No. 2 had also extra marital relations with other women. He threatened the appellant-complainant of having in possession her obscene movies and he would upload the same on internet.

(3.) With these broad allegations, she lodged FIR No. 221 dated 24.09.2013, under Sections 376-B/506 Penal Code at Police Station Division No. 8, Jalandhar. The police swung into action and arrested respondent No. 2. The appellant-complainant as well as respondent No. 2 were got medico-legally examined from Civil Hospital, Jalandhar. Statements of the witnesses were recorded and on completion of investigation, final report was presented before the learned Illaqa Magistrate.