- (1.) The present appeal is filed by the prosecutrix against the judgment of acquittal recorded by the Additional Sessions Judge, Ambala dated 07.05.2013 in FIR No.199 dated 19.06.2012 under Sections 376, 384, 451 & 506 IPC, lodged at Police Station Ambala Cantt. on the ground that the prosecution could not prove that the appellant was an unwilling and not a consenting party and thus, gave the benefit of doubt to the accused, Varun Chadha.
(2.) Perusal of the judgment would go on to show that the appellant was married to one Deep Talwar on 03.12.1996 and had studied upto Intermediate and thereafter, improved her educational qualifications and got the degrees of BA, B.Ed, MA, M.Ed, at the cost of her husband. Thereafter, she started a business and opened a boutique which was financed by her father-in-law wherein, she came into contact with the accused who was the neighbour. Due to the objection about the presence of the accused in the shop by her husband and in-laws, she left her matrimonial home for sometime of her married life. From September, 2011, she was residing with her mother due to the separation from her husband whereas her children were residing with her in-laws. She, allegedly, came to Ambala Cantt. in April, 2012 and the accused had seen her, chased and threatened her and then, she had lodged the FIR. The FIR recorded by her reads as under: "She (prosecutrix) was married with Deep Talwar in the year 1996. Her in laws including sister-in-law Shweta, father-in-law Satish Kumar Talwar used to beat and harass her and they did not give her money even for her daily needs. Their neighbours were on visiting terms to their house and they used to interfere in their life and due to that there used to be quarrel in their house. Once when she was in need of money, she borrowed Rs.2,000/- from Varun Chadha but she could not return the amount. One day in February 2006, Varun Chadha came to her house in the absence of her husband and father-in-law who were away to Yamuna Nagar and she was alone in the house. He committed rape with her forcibly without her consent and he also made her video clipping and threatened her to keep silence otherwise he will disclose about this to her in laws and show the video clipping to them. She returned his money but he again black mailed her and demanded the money and threatened to kill her and also committed rape with her forcibly without her consent. When she told him to lodge a complaint, he made burn marks with cigarette on her hands and feet. She could not disclose anything to anyone as her honour was at stake and her in laws used to give importance to him. She due to fear tolerated all his atrocities and used to remain under constant stress. In 2007, she gave birth to a female child from his loins. For the last six years, he has been making physical relations with her forcibly by putting her under fear. He has been demanding money from her. She has fed up with him and due to all this, neither she has been able to live with her husband nor to disclose anything to him. She has told his (Varun's) parents several times on telephone through SMS about her blackmailing but they have also threatened her to kill her and asked her to keep silence. For the last seven months, she has been living with her mother, but there also he has been harassing her. He also followed her when she came to Ambala to meet her daughters and threatened to kill her daughters if she disclosed anything to anyone, thus, she prayed that legal action be taken against him."
(3.) On the basis of the said FIR, the accused was arrested and a DNA examination was also got conducted which confirmed the fact that the accused was the father of the girl child-Ananya who was born in the year 2007. Accordingly, charge was framed against respondent No.2. The prosecution examined as many as 10 witnesses and the defence taken was that there was a voluntary physical relationship with the complainant who had extracted a huge amount from him and when he stopped fulfilling her demands and physical lust, she got lodged the false FIR against him.;