- (1.) This is an application by the prosecutrix of a case registered at Police Station Panjokhra by way of FIR No. 70 dated 28.9.2009 for an offence punishable under sections 292, 376 and 506 of the Indian Penal Code for leave to appeal against the judgment dated 30.10.2010 passed in the case by learned Additional Sessions Judge, Ambala vide which Satish Kumar, respondent no.2 has been acquitted of the charge. The case set up against Satish Kumar, is as under:- The prosecutrix, a resident of Ambala Cantt, made a complaint in writing to the police alleging that Satish Kumar, respondent no.2 and other accused were her neighbours and that she was on visiting terms with them. As per her complaint, she was on friendly terms with Satish Kumar and that he had expressed his desire to marry her. Smt. Sheela Devi, mother and Ashish Kumar, brother of respondent no.2 were agreeable to the proposal of the matrimonial alliance. The parents of the prosecutrix had also agreed and accordingly, a 'Roka Ceremony' took place on 16.8.2008 in the presence of family members and above named Sheela Devi and Ashish Kumar. After a few days, to her utter surprise, Satish Kumar forced her to have physical relations with him. After initial objection, she surrendered herself and had physical relationship with him. During one such occasion, Satish Kumar took her obscene photographs with him without her knowledge and on the strength of those photographs, he started blackmailing her and having sex with her forcibly. The other accused were aware of this fact. She became pregnant in November 2008 and requested Satish Kumar to marry her. He started avoiding her and in December, 2008 he forced her to take 'Desi Medicine' resulting in an abortion. On 25.12.2008 Satish Kumar, accused called her at his residence on the pretext of returning the photographs to her. She reached the house of Satish Kumar at 6.00 PM in the evening. He again had forcible sex with her and even did not return her photographs. She brought this fact to the notice of Smt. Sheela Devi. She also misbehaved with her. She also hurled cheap abuses at her and had moreover physically assaulted her. The complainant and her entire family members kept quite on the assurance that Satish Kumar would marry her. In June, 2009, Satish Kumar finally refused to marry her. Feeling cheated, she made a complaint to the police authorities. She made other complaints on similar lines against respondent no.2 and others but the police did not take action. She finally moved written complaint dated 23.09.2009 and on this complaint, a case was registered on 28.09.2009. After the usual investigation, challan for an offence punishable under sections 292, 376 and 506 of the Indian Penal Code was prepared against Satish Kumar.
(2.) Framing charge for an offence punishable under sections 292, 376 and 506 of the Indian Penal Code against the accused, to which he pleaded not guilty and claimed trial, the trial commenced in which eleven witnesses are shown to have been examined by the prosecution. The accused was thereafter examined in terms of section 313 of the Code of Criminal Procedure, in which he has denied the truth of the prosecution evidence put to him in the shape of questions and has claimed himself to be innocent and to have been falsely implicated. In defence, he examined two witnesses and closed the same.
(3.) Hearing learned Public Prosecutor for the State and learned counsel for the defence, learned trial court found the prosecutrix to be a consenting party. On that account, learned trial court has held that the prosecution has failed to bring home the charge against the accused. Consequently, the accused was acquitted of the charge.;