JUDGEMENT
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(1.) Crl.Misc.No.27346 of 2011
There is only one day delay in preferring an application
seeking leave to appeal. We are convinced on going through the
reason stated in the affidavit that the delay has been satisfactorily
explained. Therefore, application is allowed and delay is condoned.
(2.) Criminal Misc.A-436-MA of 2011
The application is filed by the prosecutrix invoking the
provison under Section 378 of the Code of Criminal Procedure
seeking grant of leave to appeal against the judgment of acquittal
recorded by the trial Court against accused Amardeep Singh, who
was sent up for trial for the offence under Section 376 of the Indian
Penal Code.
(3.) The prosecutrix lodged a complaint alleging that when
she was staying as paying guest in House No.588, Mota Singh
Nagar, Jalandhar to pursue her college education in Lovely
Professional University, she joined gym "Amar's Body World" in Johal
market near Parveen Bakery. Amar, the owner of the gym tried to be
very informal to her. One day he offered some chocolate, but later on
she found that it was having some intoxicated substance. When she
became unconscious, she was taken upstairs by accused Amar to
his personal room and took some obscene photographs of her.
Thereafter she made a request to the accused Amar to delete those
photographs but he did not accede to her request. The accused also
threatened her that he will distribute those photographs in the
college. The accused started blackmailing her. She was not allowed
to talk to her parents, relatives and friends without his permission. He
had even changed her phone number so that nobody could contact
her. As the accused promised that he would delete all her
photographs only when she gets a permanent tattoo on her back,
tattoo in the shape of angel design was put on her back. But the
accused had printed his name on her back. The accused even
threatened her that he would mail those photographs to her parents.
He started introducing the prosecutrix to his friends as his wife. The
accused took her to his friends home where arrangement for
marriage was made. She was taken to Chandigarh where in a
Gurudwara marriage like ceremony was conducted. The accused
had wielded threat that
he would kill her parents and brother if she did not agree for such
arrangement. She made an attempt to commit suicide by cutting her
nerve, but her room mate called the accused who took her to kidney
hospital and saved her. The accused directed her to convince her
parents that she would like to marry the accused as she was in love
with him. Her father even decided to commit suicide. On 29
th March,
her parents came to Jalandhar without informing her. She narrated
the whole occurrence to her parents. Further alleging that accused
Amar has spoiled her life and has sexually assaulted her, she prayed
for action against the accused.;
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