- (1.)This application has been filed under Section 378(4) Cr.P.C. seeking leave to file an appeal against judgment dated 13.07.2012 vide which a criminal complaint filed by the applicant was dismissed and the respondent was acquitted of the charge framed against him. The trial Judge has noted the following facts regarding case of the complainant :-
"The complainant has been serving the education department. On 3.5.2009 at about 1.30 PM, the complainant was present at Bus Stand, Gurdaspur waiting for bus. She was going towards Dhariwal for her personal work. The accused Jaspal came there on motorcycle. The accused was known to the complainant since he was friend of husband of complainant. The accused inquired about the presence of complainant there and she replied that she was going to Dhariwal. The accused asked her to accompany him, since he was going to Batala and Dhariwal falls on the way. The complainant accepted such invitation and she accompanied the accused.

The complainant further averred that on 3.5.2009 there was great rush in Gurdaspur due to visit of Mrs. Sonia Gandi, President of Congress Party. The accused Jaspal told the complainant that he knew alternate way in order to reach earlier and the accused turned his motorcycle to Aujla bye-pass. When they crossed village Aujla, there was no person on the road. The accused Jaspal started rubbing his hands on the thigh of the complainant.

The complainant raised protest and then the accused turned his motorcycle towards bushes on one side of the road. The accused halted his motorcycle and pressed the breast of complainant. The complainant protested and then she was given slaps by the accused. The accused torn the knot of salwar and removed her salwar. The accused also removed his pant and pushed the complainant down and tried to commit rape with her. The complainant raised alarm to rescue her, which attracted one passerby namely Pankaj Kumar, who was going on the road. The said Pankaj Kumar had seen the occurrence. Pankaj Kumar halted his car and ran towards the complainant. On seeing Pankaj Kumar, the accused ran away with his motorcycle."

(2.)It was allegation against the respondent accused that on 03.05.2009 he had made an attempt to commit rape upon the complainant/applicant. It was stated by the complainant that she reported the incident to the police, but on account of political pressure the police did not take any action. Her application to the Senior Superintendent of Police also failed to yield any result. After recording preliminary evidence, the respondent was summoned to face trial for commission of offence under Section 376/511 IPC. On his appearance, he was supplied copy of the complaint and other documents as per rules. The case was committed to the competent Court for adjudication. The accused was charge sheeted to which he pleaded not guilty and claimed trial. The complainant appeared as her own witness and closed evidence.
(3.)On conclusion of the prosecution's evidence, statement of the respondent-accused was recorded under Section 313 Cr.P.C. Incriminating material existing on record was put to him, which he denied, claimed innocence and false implication. He rather took up a stand that on the fateful day he remained present in his house throughout. The complaint has been filed against him on the asking of DSP Karam Chand, against whom a criminal case is pending and the respondent was a witness in the said case. To pressurize him in connivance with the complainant, the complaint has been filed. He also led evidence in defence.