Judgment:
Criminal Appeal No.D-464-DB of 2013 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Appeal No.D-464-DB of 2013 DATE OF DECISION : September 17, 2013 Meena Rani ...Appellant Versus State of Punjab and another ...Respondents CORAM: HON’BLE MR.JUSTICE M.JEYAPAUL HON'BLE MRS. JUSTICE ANITA CHAUDHRY Present: Mr. D.D. Bansal, Advocate for the appellant. *** M.JEYAPAUL, J.
1. The prosecutrix has preferred the present appeal aggrieved by the acquittal recorded by the trial court.
2. The prosecutrix has alleged that she paid a sum of `12 lacs to the accused Parminder Singh and his family members on the promise of the accused Parminder Singh that he would send her son to foreign country for employment. When she protested for not sending her son to foreign country in the month of January 2012, accused Parminder Singh along with his brother Kulwinder Singh and one Major Singh threatened her with dire consequences, having been armed with guns and revolver and confined her for the whole of the day. They also snatched her gold chain, bracelet and two gold finger rings under threat. The prosecutrix did not open her mouth on account of fear. The accused also demanded a sum of `5 lacs from her Criminal Appeal No.D-464-DB of 2013 2 and threatened her with dire consequences.
3. She filed a complaint with the above allegation on 17.4.2012. During the course of investigation by DSP Suinderpal Singh she alleged that accused Parminder Singh forcibly developed physical relationship with her when her husband had gone to Dubai. The case was registered. The prosecutrix was medico legally examined on 24.8.2012. Her vaginal swabs were preserved and sent for chemical examination. Human semen was found in the vaginal swab.
4. The trial court having completely analysed the evidence on record disbelieved the version of the prosecutrix and ultimately recorded acquittal .
5. We heard the submission made by learned counsel appearing for the appellant-prosecutrix.
6. In the complaint submitted by the prosecutrix on 17.4.2012, she had not whispered anything about the rape alleged to have been committed by accused Parminder Singh. It is on record that she was serving as a woman constable. She was residing in the quarters given to her in the premises of the Police Station City Barnala. Many police officials were also staying in the very same apartment located in the premises of the Police Station City Barnala. It is her admitted case that she maintained good relationship with many of the police officials who stayed in the apartment. It is her after thought that she was raped by the accused Parminder Singh right from the month of January, 2012 to 20.8.2012. In other words, it is her case that even after she lodged a complaint on 17.4.2012, the rape continued to be committed by accused Parminder Singh till the month of August, 2012. Had there been a continuous rape committed by the accused, there was no reason for the prosecutrix to suppress the Criminal Appeal No.D-464-DB of 2013 3 commission of rape by the accused in the complaint she originally lodged on 17.4.2012.
7. In our considered view, the trial court has rightly doubted the credibility of the evidence of the prosecutrix. She being a police constable would not have kept quite for about seven long months. She would have reported to the police station located within the premises. At least she would have shared the information with the other police officials residing in the very same apartment. Such a cock and bull story was rightly disbelieved by the trial court.
8. As regards the misappropriation of some articles, it is found that no article was recovered from the possession of the accused and produced before the Court. The trial court also rightly disbelieved for cogent reasons that the prosecutrix has come out with an unbelievable story that accused received hefty amount with a view to send her son to foreign country.
9. In view of the above, we hold that there is no merit in the appeal. Therefore, the appeal stands dismissed. (M.JEYAPAUL) JUDGE (ANITA CHAUDHRY) JUDGE September 17, 2013 p.singh