- (1.) This application has been filed under Section 378(4) Cr.P.C., seeking leave to file an appeal against judgment dated 21.9.2011, ordering acquittal of respondent No.2 of the charges framed against him.
(2.) It was case of the prosecution that on 22.8.2010, at about 8.30 p.m., respondent No.2 committed criminal house trespass in the residential house of the applicant/ prosecutrix, having made preparation for causing hurt to her, used criminal force to assault her with an intention to outrage her modesty and also made an attempt to commit rape upon her.
(3.) The trial Judge has noted the following facts regarding case of the prosecution:- that prosecutrix was resident of village Makraur Sahib and was doing I.T.I. Course at Moonak. On 22.8.2010 at or around 8.30 P.M. when she was present in her house she received on her cell phone a phone call from her would be husband (Mangetar). Responding to the phone call she went upstairs. When she was busy talking on phone on roof of her house, somebody came from behind and caught her from her breasts. She tried to raise an alarm but that person gagged her mouth, put her on the roof and attempted to commit rape on her. She kicked him on his abdomen and rushed towards the stairs but he intercepted her by coming in front of her. She recognized him as her neighbour Balkar Singh son of Jasmair Singh, Kamboj by caste, resident of Makraur Sahib (accused herein) who had been making obscene gestures towards her. Accused came near the prosecutrix. To save her honour she jumped on the ground and sustained injuries on her abdomen, back, right leg and left femur. The accused made good his escape while threatening the prosecutrix of dire consequences. ;