ANITA DEVI Vs. PAWAN KUMAR AND ORS

JUDGEMENT

(1.) Appellant has preferred instant appeal against acquittal of respondents vide judgment dated 31.5.2011 passed by Additional Sessions Judge, FTC, Kangra at Dharamshala, in Sessions Trial No. 8 RBT No. 89- G/VII/10/09 Of 2011 in case FIR No. 24/2005 under Sections 376, 366, 342 and 120 B of IPC registered in Police Station Jawalamukhi.

(2.) We have heard counsel for petitioner as well as for respondents and have also gone through material placed on record.

(3.) On 12.2.2005, prosecutrix lodged FIR Ext. PW4/A in Police Station Jawalamukhi stating therein that on 26th January, 2005 she was going from her village to Rakkar market to have medicine from Dr. Ram Krishan. In market, respondent No. 1 Pawan Kumar met her who was her uncle in distant relation. On his asking, she accompanied him to his house in village Banda to discuss issues regarding her marriage. His married sister respondent No. 3 Kamlesh Kumari was present in house. She served tea and respondent no. 1 Pawan Kumar called his relative Rajesh Kumar who came there in Jeep (Tralla) alongwith respondent No. 4 Pawan Kumar. Thereafter respondents forcibly took her to Dharamshala in jeep where she was made to sign some papers before an advocate and she did not know purpose of obtaining her signatures. Thereafter, they brought her to village Dyal and confined her in the house of respondent Kamlesh Kumari. On her asking about purpose of taking her signatures before advocate at Dharamshala, Kamlesh Kumari informed her that her marriage was solemnized with respondent No. 1 Pawan Kumar and the said Pawan Kumar also reiterated the same. Thereupon she refused to get married in such a manner and on expressing her desire to go home, Kamlesh Kumari and Pawan Kumar locked her in a room and respondent No. 1 Pawan Kumar violated her person without her consent. On 8.2.2005 Pawan Kumar and Kamlesh Kumari brought her to their house at village Bhanda and on that night Pawan Kumar went out for some work. On 9.2.2005 prosecutrix fled from house of Pawan Kumar and on reaching home disclosed entire episode to her parents. Her parents searched Pawan Kumar to inquire about this episode, but he was not traceable and therefore, she lodged complaint in Police Station.