- (1.) The complainant-applicant has filed this application under Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment of acquittal dated 27.2.2012.
(2.) Respondent Nos.2 to 4 were made to face trial in FIR No.89 24.6.2010 police station Siwani for commission of offences under Sections 120-B, 363, 376, 496 and 506 IPC. It was an allegation against them that they had committed rape upon the complainant/ applicant against her consent. The trial Judge has noted the following facts regarding case of the prosecution:- "that on 24.6.2010 while ASI Satpal Singh (PW15) along with other police officials was on patrol duty at old bus stand, Siwani, S. (PW9) (named with held) (prosecutrix) along with her husband Kuldeep (PW10) filed the complaint (Ex.PQ) with him. The complainant reported that she is a resident of Wakil Colony, Siwani and is a household lady. On 24.4.2010 at about 8.00 a.m. She had left her house and was on her way to the market to buy household articles. When she reached near the Court Complex, Siwani there came a Tralla (a big truck generally used to carry big machines) from Rajgarh side. Finding her alone, the driver of the Tralla started enticing her by saying that he would get her household articles from Hisar from one of the shopkeepers known to him at very cheap rates and made her sit in the Tralla. When the Tralla driver had covered some distance he, on the pretext that there was some mechanical defect in the Tralla, stopped the same and started outraging her modesty. When she objected to this, he took out a rod from the Tralla and threatened to kill her. The Tralla driver also raped her. On account of this, she got mentally upset. Later on, she came to known that accused Satnam was the driver of the Tralla and the registration number of the Tralla was HR-39C-3232. Accused Satnam took her to the house of his sister, named Sindo, who is residing at Patiala and kept her there for two days. Accused raped her there also many a time during those two days. Satnam also told her sister that he had brought a wife for his elder brother, Tejpal. During her stay at the house of Sindo, the latter also forced her to have physical relations with an unknown man. Sindo also forced her to marry Tejpal. On her agreeing for the marriage, accused Satnam took her as well as Sindo on 28.4.2010 from Patiala to Safidon. They took her to the house of a lady who they represented was their sister. She does not know the name of that lady, however she can recognize her. They also called Tejpal to the house of that lady and performed her marriage with Tejpal. Accused also took the photographs of the marriage. Later on, they took her to a stamp vendor and got some affidavits executed from her. Accused Tejpal also raped her. On the next day, they took her to their village Barod. Accused also threatened to defame her in case she disclosed the facts to anybody. Sindo also took her gold ear rings. She remained at village Barod for 7/8 days. Finding an opportunity, she came to Siwani. She was nervous. She remained with her husband for 20 days and late on left for Bahadurgarh, where her father is residing. Thereafter she left for dera Sacha Sauda, Sirsa. After coming back from Dera Sacha Sauda she narrated the occurrence to her husband. On the basis of this reort, formal FIR was recorded."
(3.) The investigating officer ASI Satpal Singh (PW15) after recording statement of the complainant-accused came into action. He recorded statement of the witnesses, arrested the accused and after completing other formalities final report was put in Court. Copies of the documents were supplied to the respondents-accused as per norms. Case was commited to the competent Court for trial vide order dated 25.8.2010.;