- (1.) This criminal revision has been filed by the petitioner challenging the judgment dated 01.09.2006 passed by learned Additional Session Judge (Fast Track Court) Ambala, whereby respondent No.2 was acquitted.
(2.) The brief facts of the case are that on 05.01.2006, Rajwant Singh (PW4), father of the prosecutrix, came to the Police Station, Mahesh Nagar, and presented complaint (Ex.PH) on the basis of which DDR No.18 (Ex.PG) was recorded. The statement of the prosecutrix was got recorded in terms of Section 164, Cr.P.C. On the basis of the statement so recorded formal FIR (Ex.PD/2) was registered. In her statement, the prosecutrix disclosed that in the year 2003, she was a student of Gobind Commonwealth Public School, Patiala and one -Satnam Kaur was her classmate who introduced the prosecutrix with her brother-Amanjit Singh (respondent No.2/accused). One day, Amanjit Singh took the prosecutrix on his motor cycle to a Studio and offered a cup of tea to her and thereafter, she became unconscious. After regaining consciousness, she found herself undressed and in a naked condition. The prosecutrix found that a ray of light was coming from a hole in the Studio and on enquiry made by her about the ray of light, Amanjit Singh pretended that the same was sun light. The prosecutrix went to the toilet where she realized that she had been raped. Thereafter, the prosecutrix was dropped at Gurudawara in Patiala. The prosecutrix requested her father that she may be taken back to Ambala. However, she did not tell anything to her father and thereafter, she was admitted in a school at Ambala. In December, 2005, Amanjit Singh met the prosecutrix on her way to home from the School near Mahesh Nagar Chowk, Ambala, and showed the nude photographs of the prosecutrix to her. Amanjit Singh asked the prosecutrix to bring Rs.5,000/- and due to fear, she stole Rs.5,000/- from her house and gave it to respondent No.2/accused. Again a demand of Rs.500/- was made by respondent No.2/accused and the prosecutrix was pressurized to accompany him. The respondent No.2-accused pressurized the prosecutrix to disclose her residential address but she did not oblige him. Thereafter, the prosecutrix stopped going to school under fear as respondent No.2/accused had told her that if she disclosed anything to anyone then she along with her father would be killed. One day father of the prosecutrix checked the cash and finding the same to be deficit, enquiries were made from the prosecutrix and she told about the entire incident to her father including the fact that the accused/respondent No.2 had taken approximately Rs.50,000/- from her. In her supplementary statement to the police, the prosecutrix stated that she was raped in the area of Gobind Nagar, Ambala Cantt., also by putting her under fear and showing her nude photographs.
(3.) The medico-legal report (Ex.PB) of the prosecutrix was got prepared from the Govt. Hospital, Ambala. The prosecutrix demarcated the house of respondent No.2-accused from where he was arrested. The matriculation certificate (Ex.P1) of the prosecutrix was taken into possession by the police. After completion of the formalities of the investigation, report under Section 173, Cr.P.C was prepared and presented before learned Area Magistrate. After completing the formalities of supplying the copies of the report under Section 173 Cr.P.C to respondent No.2/accused, the case was committed to the Court of Session for trial in accordance with law. Finding a prima facie case for the offences punishable under Section 376 and 506, IPC, the charges were framed to which the accused/respondent No.2 pleaded not guilty and claimed trial. In order to substantiate its allegation, the prosecution examined the following witnesses: PW-1 Dr.T.S.Sahni, Civil Hospital, Ambala Cantt. who had prepared MLR (Ex.PA) of Amanjit Singh-respondent No.2/ accused. PW-2 Dr.Bela Sharma had prepared the medico legal report (Ex.PB) of the prosecutrix. PW-3 Harsimarn Kaur Prosecutrix- She did not support the case of the prosecution and refused to identify the accused. It was deposed by her that the accused neither committed rape on her nor took her photographs. The prosecutrix was declared hostile and the Publilc Prosecutor was allowed to cross-examine her but nothing favourable to the prosecution could be elicited in her cross-examination. PW-4 Rajwant Singh-complainant-father of the prosecutrixHe had not supported the prosecution case and was declared hostile. PW-5 Constable Ram Saran- He prepared the scaled site plan (Ex.PF). PW-6 MHC Dharamvir- He proved DDR No.18 recorded on 05.01.2006 and the certified copy of the report (Ex.PG). PW-7 SI Yash Pal- He prepared the report under Section 173, Cr.P.C. PW-8 Head Constable-Mahal Singh- He is witness to the recovery memo (Ex.PJ) vide which matriculation certificate (Ex.P1) of the prosecutrix was taken into possession. PW-9 ASI Raj Kumar-He had registered the formal FIR. PW-10 ASI Dharam Pal- He had investigated the case. PW-11 Ms.Ranjana Aggarwal, Judicial Magistrate Ist Class, She had recorded the statement of the prosecutrix in terms of Section 164, Cr.P.C. ;