BAKSHISH KAUR Vs. KEWAL SINGH

JUDGEMENT

(1.) The complainant (applicant herein) has filed the present application under Section 378(4) Cr.P.C. for grant of leave to appeal against the judgment dated 29.09.2015 passed by the learned Judicial Magistrate, Ist Class, Jalandhar, whereby while dismissing the complaint filed by the applicant, the respondents were acquitted of the charges framed against them.

(2.) In the complaint filed by the applicant under Sections 452, 323, 324, 480, 427, 506 IPC, containing the allegations against the respondents for trying to take forcible possession of the tenanted house wherein the applicant was stated to be living by causing her injuries, the respondents were summoned and thereafter, charges were framed against them under Sections 425, 380, 427 and 506 IPC. After framing of the charges, the complainant had sought time to conclude her evidence, but despite repeated opportunities, the witnesses were not produced by the complainant for the purposes of cross-examination by the defence counsel. Thereafter, statements of accused under Sections 313 Cr.P.C. were recorded wherein they pleaded innocence and claimed false implication.

(3.) The learned trial Court after taking into consideration the evidence on record and rival contentions, came to the conclusion that the prosecution had failed to prove its case against the accused. It was found that the allegations of the trespass could not be proved for want of ownership of the tenanted house in possession of the applicant; that there was no proof regarding the accused having used the alleged weapons; that the alleged injuries suffered by the complainant were not proved by way of medical evidence, so much so, the complainant stated that she had not visited any Doctor in respect of the alleged injuries suffered by her; that the complainant failed to prove on record that she had moved any complaint before the police regarding the incident in question and that the most material witnesses of the occurrence were not examined by the complainant. It was thus, concluded as under:-