SUMAN KUMARI Vs. SAWARAN SINGH

JUDGEMENT

(1.) Both the afore appeals, stands directed, respectively by the complainant, and, by the State, against, the pronouncement made by the learned Additional Sessions Judge (II), Una, H.P., upon, Sessions Case No.3- VII/2013, whereunder, the accused/respondent herein, hence stood acquitted, of, the charged offences.

(2.) Briefly, stated the facts of the case are that on 21.7.2012, application Ex.PW1/A had been received by post in Police Station, Gagret from the Superintendent of Police, Una, and, it has been alleged in the application that the prosecutrix was working in MNERGA at village Tatehra and during work, Yash Pal had introduced her to the accused through telephone and the accused had assured her to provide a good job. On 13.7.102, the accused took her to Baddi on the pretext of providing job to her. At Baddi, the accused took her to his room and committed rape with her and confined her in the room and told that she would not go anywhere.; After 4-5 days, she managed to get mobile of the accused and accordingly had talk with Pardhan of village, Tatehra and she made inquiry about the welfare of her children. Pradhan told her that her children are quite well but made inquiries about her. Pradhan requested the prosecutrix to come back to her house. Her husband had moved application in the Police Station, Gagret about her disappearance and all are in tension. Pradhan accordingly informed parents of the prosecutrix that their daughter is alive. The parents of the prosecutrix accordingly called her but the accused did not allow her to attend the call. He accused used to say that he has seen a boy for her and will son marry her with him. The accused had gone to perform his duty and she took advantage of his absence and fled from his room. On 20.7.2012, she went straight way to Police Station, Gagret, and, accused also called her repeatedly and threatened that in case she made any complaint to the police, he would kill her, her husband, children and brother. Due to pressure of the accused, she had not made any statement against the accused and she had disclosed that she had gone with the accused at her own. Husband of the complainant had also lodged complaint about her disappearance vide rapat Ex.PW2/A and as per rapat she had left the house on 13.7.2012 at around 5 a.m. The prosecutrix on 20.7.2012 in the presence of her parents, husband and other people had made statement that she had gone with the accused at her own and had got job in Vaishnavi factory on 13.7.2012 and was residing near the factory by taking room on rent. ASI Gian Chand along with the prosecutrix and other police officials went to Baddi and rapat Ex.PW3/B had been entered in P.S., Gagret. ASI Gian Chand after conducting inquiries came back on 23.7.2012 from Barotiwala and rapat to this effect Ex.PW3/C had been entered and on findings a prima facie case under Sections 366, 376 and 506 of the Indian Penal Code, FIR Ex.PW1/C had been registered against the accused. Thereafter the police completed all the formalities relating to the investigations.

(3.) On conclusion of the investigations, into the offences, allegedly committed by the accused, a report, under Section 173 of the Code of Criminal Procedure, was prepared, and, filed before the learned trial Court.