- (1.) After hearing counsel for the applicant, application is allowed. Delay of 49 days in filing the appeal stands condoned.
(2.) This application has been filed under Section 378 (3) Cr.P.C. seeking leave to file an appeal against judgment dated 18.4.2012 vide which respondents No. 3 to 11 were acquitted of the charge framed against them. It is necessary to mention here that vide the above judgment, respondent No.2 Charanjit Singh-husband of the complainant, was convicted and vide separate order of the even date, he was sentenced to undergo maximum imprisonment of 7 years with fine.
(3.) The process of law was initiated on a statement Ex. P-1 made by the applicant-complainant to SSP, Ferozepur. It was an allegation against respondent No.2 that he had solemnized marriage with the applicant by projecting that he was a bachelor whereas to the contrary, he was already married with one Rupinder Kaur. The trial Judge has noted following facts regarding case of the prosecution :- "Brief facts of the case of the prosecution are that on this case was registered on the basis of the complaint dated 6.5.2008 filed by complainant Simranjit Kaur against the accused before the SSP, Ferozepur stating therein that she being 30 years of her age, her father has already expired and her mother Kaushalya and brothers remained worried about her marriage, her mother came in to the contact of wife of Hardev Singh, stamp vendor and she had a talk regarding the relations of Charanjit Singh son of Jaswant Singh and ultimately, at the instance of all the accused she was engaged with Charanjit Singh on 22.9.2006 and then she was married with Charanjit Singh as per Sikh rites and all the accused persons also attended her marriage. Various articles including the gold ornaments, beddings and valuable clothes etc. were given as dowry at the time of her marriage by her parents. After about 8 months of the marriage, when the police visited the house of her in-laws, she came to know that Charanjit Singh was already married and he has a child from that marriage but the accused kept concealed this fact and even after the raid of the police, they used to say that the visiting of the police to their house is the outcome of their enmity and denied the first marriage of Charanjit Singh. For some time, accused Charanjit Singh kept her in the house of accused Parvesh Kaur at Islamabad and Amritsar where his relations are residing there. During this period she also became pregnant. Then she was taken in the house of aunt of Charanjit Singh at Chandigarh and then in the ending week of July 2007, she was kept in the house of Ram Pal, his uncle at Chandigarh where a son was born to her. Then after some days, she came to Ferozepur where the police from Police Station Sangrur came and it was disclosed that Charanjit Singh accused was already married with one Rupinder Kaur daughter of Ram Singh of Bazar Bhagtan Wala Chowk Katra, Amritsar and she has also got registered a case under FIR No. 134/07 under Sections 498-A/494-A IPC Police Station Sangrur. There accused Charanjit Singh came to Ferozepur and her signatures as well as signatures of her brothers and mother on 8/8 empty blank papers on the pretext our bails and the said papers are still with the accused. In the said case, they had to get released on bail qua the said case which is still pending in the Court of CJM, Sangrur. Thereafter, she came to know that case against Charanjit Singh was registered at Police Station Chandigarh under FIR No. 11 dated 15.1.2008 under Sections 465/468/471/120-B IPC and after that she came to know that at the time of her delivery her wrong name has been disclosed by the accused and the name of father of the child was also wrongly incorporated and also procured the signatures by impersonation. She further alleged that the accused had deceived the complainant, her brothers and mother by concealing the factum of first marriage of the accused Charanjit Singh with Rupinder Kaur and of their son from the said marriage, accused Charanjit Singh got developed sexual relations with the complainant which ultimately resulted into the delivery of her son.";