LAWS(P&H)-2018-5-179

RUPINDER KAUR Vs. STATE OF PUNJAB AND ANOTHER

Decided On May 04, 2018
RUPINDER KAUR Appellant
V/S
State of Punjab and Another Respondents

JUDGEMENT

(1.) Through the instant application filed under Section 378 (3) of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the applicant seeks grant of leave to appeal against the judgment dated 01.03.2016 passed by the Additional Sessions Judge, Mohali (for short the trial court), through which respondent no.2 Ramandeep Singh has been acquitted of the charges framed against him under Sections 376 and 506 of the Indian Penal Code, 1860 (for short IPC).

(2.) Briefly stated, the case of the prosecution is that in the year 2011, on the pretext of handing over a book to her, respondent no. 2 called the prosecutrix to his house where he raped her and after giving her threats, continued to do so for several years.

(3.) After registration of a case under Sections 376 and 506 IPC, investigations were conducted which resulted in the presentation of challan against respondent no. 2. Since the matter was triable by the court of Sessions, the same was committed to that Court which entrusted the same to the court of Additional Sessions Judge, Mohali and it was that court which, after finding the prima facie case under Sections 376 and 506 IPC, chargesheeted respondent no. 2 and on his pleading not guilty, put him on trial.