BALVIR KAUR Vs. KALA

JUDGEMENT

(1.) This application has been filed under Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment of acquittal dated 12.11.2010 vide which a criminal complaint, filed by the applicant, was dismissed. In the said complaint, it was alleged against the respondent that he had committed rape upon the applicant on 7.2.2006 against her consent. The complaint was filed on 17.2.2006.

(2.) The trial Judge has noted the following facts regarding case of the complainant:-

(3.) When no action was taken by the police against the above respondent,a criminal complaint was filed in the Court. The applicant/complainant led preliminary evidence and vide order dated 2.7.2009, the respondent was summoned to face trial for commission of offences under Section 376 & 420 IPC. On appearance of the respondent, copies of the documents were supplied to him, as per norms. Vide order dated 21.4.2010, the case was committed to the competent Court for trial. The respondent/accused was charge sheeted to which he pleaded not guilty and claimed trial.