A.N. Jindal, J. - (1.) THE Appellant, a victim (Smt. Sundri Devi), has sought leave to appeal against the judgment of acquittal passed by the learned Additional Sessions Judge, Ambala, whereby the court acquitted the accused/Respondent of the charges under Section 376 IPC and Section 3 of the Scheduled Caste and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.) THE prosecutrix aged 35 years, a married lady and a mother of four children came with the allegations of rape upon her at the hands of the accused. Consequently, accused (hereinafter referred to as the Respondent) was tried and acquitted of the charge framed against him. The story set up by her is that on 13.11.2009 at about 7.30 PM she had gone to answer the call of nature and when she was just about to leave the place, the accused came there, caught hold of her; tore her clothes and raped her. On raising hue and cry her brother -in -law arrived there, whereupon the accused ran away naked after leaving his underwear, trousers and shawl.
(3.) ON the basis of the aforesaid statement, FIR was registered on 14.11.2009. The case was investigated and the charge report was submitted against him.;