IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Reserved: 11.03.2026 Date of Pronouncement: 08.04.2026 PXXX ....Appellant.

Versus State of U.T. Chandigarh and another ...Respondents.

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

Present: Mr. Davinder Lubana, Advocate for the appellant.

Mr. Ankul Bali, Addl. Public Prosecutor, U.T, Chandigarh.

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Sukhvinder Kaur , J .

1. Appellant/ prosecutrix has preferred the instant appeal against judgment dated 08.10.2025, passed by learned Additional Sessions Judge, Fast Track Special Court (to primarily try offence of Rape and under POCSO Act), Chandigarh, vide which respondent No.2-accused Ashish Kumar has been acquitted.

2. Factual scenario, as unfurled by prosecution is that a complaint dated 22.04.2021 was moved by the prosecutrix alleging therein that the accused was in serious relationship with her since 2017. He had carnal copulation with her on false promise of marriage but now he had refused to marry her. She was working as Advisor in Jio Life at Bestech Square Mall, Mohali. Her father was a Tailor and close friend of Hari Singh. In the year

2014, daugher-in-law of Hari Singh, namely, Neeraj suffered serious burn injuries and she requested her father to send her to take care of Neeraj. Accused is brother of Neeraj and he used to frequently visit his sister's place, where she came in contact with the accused. Accused started taking interest in her and she used to talk to him out of respect and it was quite evident that he used to like her. After recovery of Neeraj, she came back to her parental house and thereafter, she remained in constant touch with the accused and in the year 2017, accused proposed her to be in serious relationship. Accused used to make physical advances towards her whenever they were alone. When she used to stop him then he promised her that once he was selected for a government job, he would definitely marry her and threatened her that if she would not develop physical relations with him, he would leave her. In May, 2018, accused took her to a room at Bus Stand Sector-17, Chandigarh and offered a drink and after taking it, she suffered headache and then accused started making physical advances towards her and assured her that he loved her and would marry her. On his assurance and being under intoxication she allowed him to have sexual intercourse with her. She used to visit house of Neeraj several times and she knew about their relationship. Neeraj along with her Husband took the prosecutrix to the house of accused and introduced her to his parents. Parents of accused also agreed for their marriage. Thereafter, accused again took the prosecutrix to a room at Bus Stand, Sector-17, Chandigarh and again developed sexual relations with her on pretext of marriage. From the year 2018 till end 2019, accused made physical relations with her several times on various occasions at different places. In the year 2019, behaviour of accused towards her got changed and in the beginning of 2020, accused stopped meeting her and taking her calls. In August, 2020, accused got selected in the service of Indian Railways. After his selection, she congratulated him and asked about their future to which he replied that he was not interested in marrying her. She was completely shattered and pleaded him for marriage but accused subjected her to abusive and humiliating behaviour. When she told about the same to Neeraj and family members of accused, they replied that she did not match with their social status and entire family of accused abused her and humiliated her. Thereafter, she gave a complaint to police on 18.08.2020. On 24.09.2020, father of accused came to Police Station and gave in writing that his son had been selected in Indian Railways and his training had commenced and when his training would be over, he would solemnize her marriage with accused. Accused and his family members in connivance with each other by giving false