JUDGMENT :

Tarlok Singh Chauhan, J.

Respondent No.1 has been acquitted under Sections 376, 354-A and 506 of the Indian Penal Code (for short ‘IPC’) and aggrieved thereby, appellant/complainant (hereinafter to be referred to as complainant) has filed the instant appeal.

2. The entire case of the prosecution rests upon the testimony of complainant PW-9 Sanjida and, therefore, it would be necessary to refer her statement in extenso.

3. While appearing as PW-9, complainant stated that she had been suffering from continuous headache and sometimes suffered fits and on account thereof would become unconscious for sometime. She got treatment from doctors, molvies and even in Kalisthan Temple at Nahan, but to no avail. In January/February, 2015, respondent came to her house and told that he was Principal in a ‘Madrasa’ and knew her father. She confirmed this fact from her mother and thereafter respondent started visiting her house off and on and she used to serve him tea etc. on visit. Later on, when respondent came to know about her illness, he stated that he had a religious power and could cure her disease. Respondent used to put his hand on her head by making her to sit on a chair and used to do ‘Jharphook’. Respondent treated her for 1-2 months in this manner and thereafter he offered her medicine and asked her to take the same one hour prior to his arrival. She began to take relief by taking the medicine. Respondent would usually visit her house during 10.00 a.m. to 1.00 p.m., the time, when complainant would be alone in her house. Respondent would ask her to lay down on the bed and used to touch her private parts in this process and when objected to by the complainant, he told her that this was a part of the treatment and that she had to satisfy the ‘jinn’ (holy soul) which was under his control. After taking the medicine, she used to become semi-conscious and allowed his act as she was recovering from her illness.

4. After some days, respondent started committing sexual intercourse with her to which she protested. When she objected to the acts of the respondent, he stated that he had clicked her nude photographs as well as videographs and had videographed her and would make these viral in the public. When the respondent crossed all limits and she objected his acts and asked him not to visit her house, then he asked her to supply another woman for sex. Whenever, respondent used to come to her house, he used to physically assault her by pressing her breast and hips and when objected, he used to threaten her to make her nude photographs viral and by causing harm by spiritual powers.

5. One day, the respondent came to her house with another lady namely Reva and committed sexual intercourse with her in her house. Respondent brought Reva to her house 2-3 times and had sexual intercourse with her. She then strongly opposed the visit of the respondent and threatened him to call the police. Then, for few months, the respondent did not come to her house.

6. On 19.10.2015, the respondent again visited her house and touched her private parts and showed her nude photographs and was also having some C.Ds. She tried to take the photographs and C.Ds from the respondent but could not get them. Then, she threatened the respondent by stating that she was calling the police. It was then that the respondent left the house leaving behind two C.Ds inadvertently. She kept the C.Ds in her house as her mother was admitted at Nahan Hospital on that day. Next day, she came from the hospital and went to the office of an Advocate and asked him to write the complaint. After writing the complaint, the Advocate told her to go to the police station. Then, she met her cousin Nazakat Ali (PW-2) there and narrated the entire circumstances to him. Then, both of them went to the police station where an FIR came to be registered on the basis of the complaint Ext. PW-9/A. She was medically examined at hospital vide MLC Ext. PW-5/B. Her statement Ext. PW-9/B was recorded under