- (1.) This application has been filed under Section 378(3) Cr. P. C. seeking leave to file an appeal against judgment dated 1.10.2011 vide which respondent No. 2 was acquitted of the charge framed against him. Against accused No. 2, an FIR No. 269 was recorded on 29.7.2010, for commission of an offence punishable under Section 376 IPC, in Police Station Kotwali, District Patiala.
(2.) The process of law was initiated on a statement Ex. PA made by the prosecutrix PW-1, stating that rape was committed upon her without her consent on 12.6.2010 and thereafter, on 21.7.2010. The trial Judge has recorded the following facts from the statement of the Prosecutrix PW-1:- "That she was a resident of Street No. 5, Peer Baba Range Shah Colony, Sanaur Road, Patiala. She was residing in the said house with her parents. Her parents were running the business of Cable TV Operator. She herself educated upto 10+2. She alongwith her brother and sisters are three siblings which including her sister and brother. Her elder brother Ashwani Kumar was married. She being the next, followed by her sister Aarti (married). She (the prosecutrix) was married on 13.12.99 with one Pardeep Kumar son of Bakhsha Ram, resident of Rajpura Town, from whom she had two children, daughter aged about 8 years and the son aged about 7 years. She got divorced from her husband in the month of June, 2009. She was working as an Artist with Orchestra Group. In the year 2006, she along with her Orchestra Group had come to Noharia Mandir, Samania Gate, Patiala to perform marriage function. A Bhangra Group had also come to perform in the Wedding. One of the members of the Bhangra Group was Gurjit Singh @ Sunny son of Karam Singh, resident of Babu Singh Colony, Ablowal. She (the prosecutrix) happened to get acquainted to said Gurjit Singh @ Sunny. Thereafter the acquaintance turned into friendship and both of them kept on meeting regularly. Eventually, the friendship turned into love affairs. Gurjit Singh @ Sunny extended proposal for marriage. The prosecutrix disclosed her antecedents that she was married and divorced and had two children. Gurjit Singh @ Sunny expressed that he had no problem and still willing to marry. The prosecutrix moved this proposal to her parents. Her parents were disagreement with this proposal. Both of them i. e. the prosecutrix and the accused Gurjit Singh jointly kept this proposal in front of the parents. Even prior to the proposal, the prosecutrix and the accused had become physical intimate with each other like husband and wife. Ultimately, when the parents did not exceed to their proposal, the prosecutrix and Gurjit Singh proposed to get married on 31st May, 2009. Gurjit Singh assured the prosecutrix that on 31.5.2009, somewhere around 11 AM in the morning, he will send the car to collect her. The prosecutrix made all the arrangements. However, on 31.5.2009, neither Gurjit Singh nor the car arrived to collect the prosecutrix. The prosecutrix tried her level best to contact Gurjit Singh but his Mobile Phone responded as switch off. In vain, the prosecutrix contacted Manjit Singh, the brother of the accused Gurjit Singh, who informed her that Gurjit Singh @ Sunny and their father Karam Singh had gone out of station. After about 10-12 days, the prosecutrix was called up at the residence of Gurjit Singh @ Sunny on the telephone, which was responded by the mother of the accused. The mother of the accused had informed the prosecutrix that Gurjit Singh was very much present at the house and if she had any grudge, she could come to their house and talk to Gurjit Singh. Upon that, the prosecutrix arrived at the house of Gurjit singh, where Karam Singh, his father and Sunita, his mother were present. The prosecutrix confronted accused Gurjit Singh @ sunny as to why he had ditched her. She confronted Gurjit Singh that on his assurance, she had got divorce from her previous husband and that now he had bagged out from the promise of marriage, upon that heated arguments arose between the parties. The prosecutrix consumed some tablets and became unconscious. She was moved to Rajindera Hospital, Patiala, where her parents also arrived. In the presence of the parents, some compromise was affected and it was agreed that prosecutrix and the accused would not meet with each other in future. On 12.6.2010, it was the birth day of the prosecutrix. The accused was aware of this fact. Somewhere around 2 AM i. e. mid night of 12/13.06.2010, Gurjit Singh @ Sunny arrived at the house of the prosecutrix and started knocking at her door. He prevailed upon the prosecutrix to open the door. When the prosecutrix resisted that she was unable to open the door because her brother was present in the house. However, the accused prevailed upon the prosecutrix and she opened the door, upon which Gurjit Singh @ Sunny entered the room of the prosecutrix and somehow prevailed upon her that he would get married with her. The prosecutrix resisting by say that mother is present in the house and she would raise the alarm. The accused threatened the prosecutrix that is she did so, he would injure her with a knife. According to the prosecutrix, the accused put her under fear and without her consent removed her clothes and committed sexual intercourse with her and before leaving again threatened her that if she reported the matter to any one, she would done to death. As a result, the prosecutrix became pregnant. She contacted the accused on telephone and informed him about the pregnancy. On 21.7.2010, the accused asked the prosecutrix to come at the Bus Stand, Patiala, so that they could find out some way. The prosecutrix accepted the proposal and went to the Bus stand from where both of them went to Kurukshetra on the assurance of the accused that unwanted pregnancy could be terminated. Both of them reached at Kurukshetra and stayed there for a night at Jat Dharmashalla. On that night, the accused again forcibly committed sexual intercourse with the prosecutrix, but failed to get the pregnancy terminated. On 22.7.2010, some where about 2/2.30 PM, the prosecutrix informed about all these developments to her mother on telephone. She told her mother that Gurjit Singh @ Sunny had fraudulently on the basis of certain assurance brought her to Kurukshetra. In the meanwhile, the brother of the accused called him on the telephone and informed that the local police looking after him. Upon that the accused along with prosecutrix left Kurukshetra for Patiala. When they arrived at Patiala, she went to her parents' house. On 29.7.2010, she complained the matter to the police. "
(3.) After recording statement of the prosecutrix, the Investigating Officer got her medically examined from Dr. Daljit Kaur PW-3. Accused was arrested and after recording statements of other witnesses, final report was put in Court for trial. Copies of the documents were supplied to the accused-respondent No. 2 as per norms and vide order dated 6.1.2011 the case was committed to the competent Court for adjudication. The accused was charge sheeted to which he pleaded not guilty and claimed trial. The prosecution produced 7 witnesses and also brought on record documentary evidence to prove its case.;