Kamlesh Kumari Vs. State of Punjab and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1128749
CourtPunjab and Haryana High Court
Decided OnFeb-11-2014
AppellantKamlesh Kumari
RespondentState of Punjab and Another
Excerpt:
crl. appeal no.d-1564-db of 2013 1 in the high court of punjab & haryana, chandigarh crl. appeal no.d-1564-db of 2013 date of decision: 11.02.2014 kamlesh kumari ....appellant versus state of punjab and another ....respondents . . coram: hon'ble mr.justice rajive bhalla hon'ble mr.justice fateh deep singh . . present: - mr.vishal munjal, advocate for the appellant. . fateh deep singh, j this is an appeal by the prosecutrix whereby under the provisions of section 378 cr.p.c., she has challenged judgment dated 05.10.2013 of the court of learned additional sessions judge, pathankot whereby the respondent-accused stood acquitted of the charges under section 376 /420 of the ipc. the concise allegations of the prosecutrix are that she was resident of shahpur kandi carrying on stitching work and one sanjeev kumar was living in her neighbourhood and the accused tilak raj is his nephew and is visiting in routine the house of sanjeev kumar. it is alleged that in the year 2007 prosecutrix met the accused at the house of sanjeev kumar where the accused showed his willingness to solemnize marriage with the prosecutrix and asha rani wife of sanjeev kumar prodded the prosecutrix into it to which the prosecutrix and her mother agreed and the proposal was finalised. the jyoti claim of the appellant is that the accused used to call her on her 2014.02.24 16:27 i attest to the accuracy and integrity of this document high court chandigarh crl. appeal no.d-1564-db of 2013 2 mobile phone and on his insistence the prosecutrix met the accused on several occasions where accused ravaged her and the prosecutrix kept quite on the premise that they are going to enter into a wedlock. it is alleged that on 03.09.2011 around 10.30 a.m.while the prosecutrix had come to the house of one joginder singh in jugial colony, the accused pestered her to satisfy his lust to which she initially refused. however, the accused forcibly ravaged her. it is alleged that after the accused joined the military service, he refused to interact with her and has gone back of his promise of marrying her and rather had been threatened leading to her complaint to the police, who failed to act into the matter and thereafter on the directions of the hon'ble high court, the case was got registered. the prosecutrix in her evidence examined herself as pw-1 and in support of her case examined pw-2 to pw-11. the accused in a statement under section 313 cr.p.c.denied the allegations and examined three witnesses in his defence culminating into this acquittal. after hearing at length the submissions of mr.vishal munjal, advocate for the appellants, it is the own case of the prosecutrix that she had been in relationship with the accused since the year 2007 till 03.09.2011 and it was only on 09.08.2012, she had made the complaint to the police against the accused shows that there has been abundant inordinate delay in the registration of the case and the alleged acts attributed to the accused. the appellant is a grown up lady very well conversant with the ways of life and had been consenting to this relationship voluntarily without any coercion or pressure and there is no sign of any physical injury and there is nothing to suggest by way of medical evidence that jyoti the prosecutrix had recently undergone sexual intercourse. the 2014.02.24 16:27 i attest to the accuracy and integrity of this document high court chandigarh crl. appeal no.d-1564-db of 2013 3 inordinate time gap of her medical examination certainly does not inspire confidence in this evidence led by the prosecutrix when she has clearly admitted that she was earlier married and got a divorce in the year 2010 and accepts that even at the firs.instance of their meeting she had submitted herself voluntarily to the desires of the accused. she admits having roamed with the accused to various locations and stayed at different places throughout this place, are matters which clearly undermines the case of the prosecutrix. the evidence of the accused in defence shows that the presence of the accused on the alleged date i.e.03.09.2011 the accused as per depositions of dw-1 subedar satbir singh based on documentary evidence of the army unit of the accused exhibit d-1 was posted on duty at far off place. the fact that the accused had already been married on 02.10.2011 with one sonia as per dw-3 malook raj and is not controverted certainly establishes that the allegations are more of an outcome of vendetta and vengeance. the story so woven by the appellant does not inspire any confidence and being devoid of apparent truthfulness has been rightly rejected by the trial court. thus, we are not inclined to show any indulgence and decline leave to appeal thereby dismissing the appeal. (rajive bhalla) (fateh deep singh) judge judge february 11, 2014 jt jyoti 2014.02.24 16:27 i attest to the accuracy and integrity of this document high court chandigarh
Judgment:

Crl.

Appeal No.D-1564-DB of 2013 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl.

Appeal No.D-1564-DB of 2013 Date of Decision: 11.02.2014 Kamlesh Kumari ....APPELLANT VERSUS State of Punjab and another ....RESPONDENTS .

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CORAM: HON'BLE Mr.JUSTICE RAJIVE BHALLA HON'BLE Mr.JUSTICE FATEH DEEP SINGH .

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PRESENT: - Mr.Vishal Munjal, Advocate for the appellant.

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Fateh Deep Singh, J This is an appeal by the prosecutrix whereby under the provisions of Section 378 Cr.P.C., she has challenged judgment dated 05.10.2013 of the Court of learned Additional Sessions Judge, Pathankot whereby the respondent-accused stood acquitted of the charges under Section 376 /420 of the IPC.

The concise allegations of the prosecutrix are that she was resident of Shahpur Kandi carrying on stitching work and one Sanjeev Kumar was living in her neighbourhood and the accused Tilak Raj is his nephew and is visiting in routine the house of Sanjeev Kumar.

It is alleged that in the year 2007 prosecutrix met the accused at the house of Sanjeev Kumar where the accused showed his willingness to solemnize marriage with the prosecutrix and Asha Rani wife of Sanjeev Kumar prodded the prosecutrix into it to which the prosecutrix and her mother agreed and the proposal was finalised.

The Jyoti claim of the appellant is that the accused used to call her on her 2014.02.24 16:27 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.

Appeal No.D-1564-DB of 2013 2 mobile phone and on his insistence the prosecutrix met the accused on several occasions where accused ravaged her and the prosecutrix kept quite on the premise that they are going to enter into a wedlock.

It is alleged that on 03.09.2011 around 10.30 A.M.while the prosecutrix had come to the house of one Joginder Singh in Jugial Colony, the accused pestered her to satisfy his lust to which she initially refused.

However, the accused forcibly ravaged her.

It is alleged that after the accused joined the military service, he refused to interact with her and has gone back of his promise of marrying her and rather had been threatened leading to her complaint to the police, who failed to act into the matter and thereafter on the directions of the Hon'ble High Court, the case was got registered.

The prosecutrix in her evidence examined herself as PW-1 and in support of her case examined PW-2 to PW-11.

The accused in a statement under Section 313 Cr.P.C.denied the allegations and examined three witnesses in his defence culminating into this acquittal.

After hearing at length the submissions of Mr.Vishal Munjal, Advocate for the appellants, it is the own case of the prosecutrix that she had been in relationship with the accused since the year 2007 till 03.09.2011 and it was only on 09.08.2012, she had made the complaint to the police against the accused shows that there has been abundant inordinate delay in the registration of the case and the alleged acts attributed to the accused.

The appellant is a grown up lady very well conversant with the ways of life and had been consenting to this relationship voluntarily without any coercion or pressure and there is no sign of any physical injury and there is nothing to suggest by way of medical evidence that Jyoti the prosecutrix had recently undergone sexual intercourse.

The 2014.02.24 16:27 I attest to the accuracy and integrity of this document High Court Chandigarh Crl.

Appeal No.D-1564-DB of 2013 3 inordinate time gap of her medical examination certainly does not inspire confidence in this evidence led by the prosecutrix when she has clearly admitted that she was earlier married and got a divorce in the year 2010 and accepts that even at the fiRs.instance of their meeting she had submitted herself voluntarily to the desires of the accused.

She admits having roamed with the accused to various locations and stayed at different places throughout this place, are matters which clearly undermines the case of the prosecutrix.

The evidence of the accused in defence shows that the presence of the accused on the alleged date i.e.03.09.2011 the accused as per depositions of DW-1 Subedar Satbir Singh based on documentary evidence of the Army unit of the accused Exhibit D-1 was posted on duty at far off place.

The fact that the accused had already been married on 02.10.2011 with one Sonia as per DW-3 Malook Raj and is not controverted certainly establishes that the allegations are more of an outcome of vendetta and vengeance.

The story so woven by the appellant does not inspire any confidence and being devoid of apparent truthfulness has been rightly rejected by the trial Court.

Thus, we are not inclined to show any indulgence and decline leave to appeal thereby dismissing the appeal.

(RAJIVE BHALLA) (FATEH DEEP SINGH) JUDGE JUDGE February 11, 2014 jt Jyoti 2014.02.24 16:27 I attest to the accuracy and integrity of this document High Court Chandigarh