IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Reserved: 20.01.2026 Date of Pronouncement: 06.02.2026.

S ....Appellant.

Versus Kuldeep Singh and another ...Respondents.

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA HON'BLE MRS. JUSTICE SUKHVINDER KAUR .......

Present: Mr. Randhir S. Mangat, Advocate and Mr. Kamaldeep S. Sidhu, Advocate for the appellant.

Ms. Pooja Nayar Sharma, DAG, Punjab.

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Sukhvinder Kaur , J .

1. Appellant/ prosecutrix has preferred the instant appeal against judgment dated 02.11.2023, passed by learned Additional Sessions Judge, Fast Track Special Court, (POCSO), Fazilka, vide which respondent No.1-

accused has been acquitted.

2. The present FIR was got registered on the basis of statement of the prosecutrix alleging therein that she was a homemaker and her marriage had been solemnized 9 years ago. From the said wedlock 3 children were born and they were living in the joint family. She stated that Kuldeep Singh was her neighbour and 4-5 months back, when she was alone in the house, he came to her house and asked for a glass of water. When she went inside the room to bring water, despite her resistance, he committed rape upon her against her wishes. Out of fear, she did not disclose about the occurrence to anyone in the family. Thereafter, whenever she used to be in alone, accused used to come to her house and commit wrong act with her against her wishes and if she used to object the same then he used to threaten her that he would eliminate her husband and children. About 15-16 days ago at about 11:00 A.M., when she was alone at her house the accused came to her house and committed rape upon her inside the room against her wishes. Later on, she told everything to her husband. Ruqa was prepared and medical examination of the prosecutrix was also got conducted. Rough site plan of place of occurrence was prepared. Statements of witnesses were recorded. Accused was arrested. After completion of the investigation, final report under Section 173 Cr.P.C was submitted before the Court.

3. After finding a prima facie case against the accused, he was charge-sheeted for the offence punishable under Sections 450, 376 and 506 of IPC, to which he pleaded not guilty and claimed trial.

4. In order to prove its case, the prosecution examined the prosecutrix as PW1, PW2- Husband of the prosecutrix, PW3 Dr. Subeen Inder Kaur, Medical Officer, PW4-SI Pushpa Rani, PW5 Ms. Sumit Sabharwal, then learned JMIC, Abohar, PW6-Dr. Puneet Saluja, Junior Resident, GGS Medical College & Hospital, Faridkot and PW7-HC Rasdeep Singh.

A glance at the prosecution evidence reveals that the prosecutrix in this case was examined as PW-1. PW1 complainant/ prosecutrix reiterated the allegations as levelled in her complaint. She also stated that accused threatened her the he would eliminate her husband and her children, when he came to know about the registration of the present case.

PW2, the husband of the complainant deposed as per the complainant’s version, on the similar lines.

PW3 Dr. Subeen Inder Kaur, proved on record the carbon copy of MLR Ex.PW3/B of the prosecutrix.

PW4-SI Pushpa Rani, No.232/FRT, the investigating officer, deposed regarding various investigation proceedings conducted in the present case.

PW5 Ms. Sumit Sabharwal, then learned Judicial Magistrate Ist Class, Abohar deposed that on 10.06.2020, she recorded the statement of prosecutrix under Section 164 Cr.P.C. and passed order Ex.PW4/1.

PW6 Dr. Puneet Saluja, deposed that he conducted the medical examination of the accused and there was nothing to suggest that the accused was incapable of performing the sexual act.

PW7 HC Rashdeep Singh, No.834/FZK deposed regarding depositing of the sample with him and sending the same to the office of Chemical Examiner, being MHC of the police station.

5. Statement of accused under Section 313 Cr.P.C. was recorded in which, all incriminating evidence was put to him, which he denied and pleaded innocence and false implication and no defence e