RITIKA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The instant application has been filed under Section 378(3) Cr. P.C., 1973 by the prosecutrix seeking leave to appeal against judgment dated 5.6.2015 passed by Additional Sessions Judge, S.A.S. Nagar, Mohali.

(2.) Vide impugned judgment, the trial Court acquitted respondent No. 2-Harshad Gautam (hereinafter referred to as 'the accused') of the charges under Sections 376 and 420 IPC.

(3.) The case of the prosecution, in nutshell, is that the prosecutrix, who resided in House No. 430 Phase-1 S.A.S. Nagar Mohali came in contact of accused in June 2013 through internet and after becoming friends they started meeting each other. It was on his asking that she came to Mohali and found the job of a sales executive. The accused used to reside as a tenant in Phase 2, S.A.S. Nagar Mohali. After her office time, the prosecutrix used to meet him as he promised to marry her. On the eve of New Year and of Valentine's day, he took her to Shimla. When they went to Gurudwara Shaheedan Nurpur bedi, he took an oath assuring her that he would marry her. This led to the prosecutrix developing faith in him. The accused told her that his sister was residing in Phase 10, S.A.S. Nagar, Mohali and he wanted to confide about their relationship with her so as to prepare his family to solemnize marriage. He took prosecutrix to his sister's house on 26th or 27th February. When they visited that house his sister was not there. The accused assured that he would solemnize marriage with her. Accordingly, he made physical relations with the prosecutrix and, thereafter, left her at her P.G. As a result of developing physical relations, she became pregnant and told the accused to hurry up in solemnizing their marriage. The accused also accompanied her to undergo pregnancy test but when he learnt about her pregnancy, he started avoiding her. The prosecutrix apprised her parents that the accused had established physical relations with her on the promise of solemnizing marriage and had also made her pregnant. However, he refused to go ahead to solemnize marriage and, thus, cheated her.