JUDGMENT

Harpreet Kaur Jeewan, J. - The present criminal appeal has been filed by the prosecutrix under Section 372 Cr.P.C. against the judgement dated 19.11.2018 passed by Special Court, SAS Nagar, Mohali, vide which respondent No.1-accused Sajid was acquitted of the charge framed under Section 376 (2) and 506 of IPC.

2.1 As per prosecution story, the appellant (prosecutrix) used to reside in a rented accommodation in village Sohana, District SAS Nagar, whereas respondent No.1 also used to reside in the same building on rent. Respondent No.1, who is brother-in-law (Devar) of the elder sister of the prosecutrix used to proclaim to the prosecutrix that he intends to perform marriage with her. Respondent No.1 also used to express that he loves the prosecutrix and had been promising to provide a good living to her. The prosecutrix came under his influence and on the promise of marriage respondent No.1 developed physical relationship with her. Respondent No.1 used to proclaim that the prosecutrix belongs to him and marriage can be performed at any time. However, later on respondent No.1 refused to perform marriage with the prosecutrix and for the last 4-6 months respondent No.1 had visited the house of the prosecutrix many times and committed rape with her against her consent and has also extended threats to the prosecutrix that in case he discloses about the same to anyone, consequences would be very bad. The prosecutrix informed about the occurrence to her father and criminal proceedings were initiated against respondent No.1 by way of registration of an FIR. The statement of the prosecutrix under Section 164 Cr.P.C. was recorded, her medical examination was conducted and on completion of the investigation, challan was presented against the respondent No.1 under Section 376 (2)(n) and 506 of IPC.

2.2 After compliance of the provisions of Section 207 Cr.P.C. regarding supply of the documents to the accused, charge was framed and respondent No.1-accused pleaded not guilty to the charges framed against him.

2.3 Prosecution examined eight witnesses to prove the guilt of the accused. Prosecutrix appeared as PW-1, her father Sh.Shakeel Ahmed appeared as PW-2. Sunita-PW-5, Head Mistress Primary School Zulafkarpur Garhi, District Bijnor, U.P. got the admission record of the school and proved the date of birth of the prosecutrix as 26.04.1993. PW-4 Nirmal Khan deposed that accused was residing in his house as a tenant along with his brother and brother's wife. He also deposed that prosecutrix, who is sister-in-law of the brother of the accused, also used to reside with them. He also deposed that after some time brother of the accused along with his wife and prosecutrix started living in a separate rented room. PW-3 LC Roop Kaur, tendered into evidence her affidavit and deposed having facilitated conducting the medical examination of the prosecutrix. PW-6 ASI Harpreet Singh, who is the Investigating Officer, proved all the documents prepared in the investigation. PW-7 Doctor Vineet Nagpal, deposed about conducting medical examination of the prosecutrix and also deposed that as per the report of the chemical examiner Ex.PW-7/D spermatozoa were detected in the contents of the vaginal swabs and he gave an opinion that the possibility of sexual intercourse cannot be ruled out. PW-8 HC Raj Kumar, tendered into evidence his affidavit PW- 8/A which is in the nature of formal evidence.

2.4 Respondent No.1-accused, denied the allegations in the statement recorded under Section 313 Cr.P.C. and took a plea that he is innocent. He has admitted the relationship of the prosecutrix with him as being real sister of his sister-in-law (bhabi). He also stated that his brother along with his family as well as the com