SUNITA DEVI Vs. LALIT KUMAR AND ANOTHER

JUDGEMENT

(1.) The applicant-prosecutrix has filed the present application under Section 378(3) of the Code of Criminal Procedure, for short 'Cr.P.C.' for seeking leave to appeal against the judgment dated 25.04.2016 vide which respondent No.1-Lalit Kumar has been acquitted by Learned Additional Sessions Judge, Exclusive Court, Amritsar for short 'Trial Court' of the charges under Sections 376 and 506 of Indian Penal Code, for short 'IPC'.

(2.) The brief facts of the case are that a complaint (Ex.P-1) was made by prosecutrix alleging that she was married with Ashwani Kumar and blessed with a son namely, Vasu Bhardwaj. In the year 2003, her husband started a Saloon at Ranjit Avenue, Amritsar and they were residing on the upper floor of the said Saloon. It is further alleged that her husband died in the year 2011 and thereafter she started the ladies Saloon. In the year 2012, she engaged respondent No.1 on monthly salary of Rs.4,000/- to assist her for running the Saloon for gents section and she was working for ladies Saloon on upper floor. About one and a half year, prior to the date of occurrence, when she was alone in her house at Chand Avenue, then Lalit Kumar-respondent No.1 forcibly established physical relations with her without there being any consent and threatened to kill her alongwith her child, if she disclosed the same to anyone. Thus, respondent No.1 forcibly kept on maintaining the physical relations without her consent and also got prepared a blue film for blackmailing and extracting money. One day, she narrated the entire episode to her mother Sada Devi and ultimately the complaint was made to the police.

(3.) In order to prove the prosecution case, ten witnesses were examined and other documentary evidence was brought on record and entire incriminating material was put to respondent No.1 under Section 313 Cr.P.C., but he denied the same being false and claimed innocence. The accused/respondent No.1 did not lead any evidence in his defence.