SATVINDER PAL KAUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision has been preferred by the petitioner complainant challenging the order dated 22.1.2010 passed by the learned Additional Sessions Judge, Srikaranpur in Sessions Case No.15/09 whereby the learned trial Judge discharged the respondent Harvinder Singh from the offence under Section 376 of the I.P.C.

(2.) Succinctly stated the facts of the case are that the petitioner complainant filed a complaint against the respondent Harvinder Singh and two others in the court of learned Additional Chief Judicial Magistrate, Srikaranpur on 18.5.2009 stating interalia that she was married to one Kanwaljit Singh of Padampur. She was harassed by her in-laws on which she filed a case under Sections 406 and 498A I.P.C. against the husband and his relatives, which was still pending in the court of the learned Munsif Magistrate, Padampur. She also alleged that a divorce petition was also filed by her husband Kanwaljit Singh in the court of learned District Judge, Srikaranpur. The complainant was opposing the said divorce petition and wanted to settle back with Kanwaljit Singh. The case was going on at the stage of the evidence of the complainant. At that time, Harvinder Singh met the complainant and seduced her saying that he was deeply in love with her and was prepared to marry her. He further assured that his parents were also agreeable to the marriage. The complainant asked for some time to think over the matter. She instructed her lawyer to have the divorce proceedings prolonged. During this period, Harvinder Singh repeatedly persuaded the complainant for accepting the divorce and to marry him.

(3.) It was also alleged that Harvinder Singh approached the complainant's lawyer and requested him that the divorce proceedings going on between Kanwaljit Singh and the petitioner Satvinder should be finalised expeditiously so that he could marry the complainant. Thereafter, the divorce was finalised and the complainant agreed to the proposal of Harvinder Singh. A few days after the divorce was finalised, Harvinder Singh took the complainant to a temple and performed the formalities of marriage in the temple. She was assured that a formal marriage ceremony would also be solemnised soon after. Harvinder Singh further told the complainant that he was pursuing his proposed foreign visit and that the complainant would also be taken along. He also told the complainant that the proceedings for preparation of passport etc. were to be completed. Harvinder Singh told her that since they had married and as they were husband and wife, she should not stay at her father's house but rather should stay in the rented premises with him. The complainant thereafter took a rented house at Vijaynagar and started living separately from her parents. Harvinder Singh used to come to the rented house and frequently established physical relations with the complainant. Harvinder Singh continued the relations in this manner with the complainant for about 2 years. He also assured the complainant that she had no need to worry as they had already been betrothed in the temple and the formal wedding would be organised in the near future.