JUDGMENT Mr. M. Jeyapaul, J.: (Oral).:- Accused Jagroop Singh @ Jupa was convicted for the offence under Section 366 and 376 IPC. Aggrieved by the judgement of conviction, the present appeal has been preferred. 2. The brief story of the prosecution is that accused Jagroop Singh about two weeks prior to the occurrence which took place on 25.1.2000, informed the prosecutrix who was doing computer course while studying in 10+2 class in village Lambi that he had tantrik power and could tell the past history of the entire family members. He solicited her to marry him. He threatened that he would kill her if at all she refused to marry him. On 21.5.2000, when she had been proceeding to her school, the accused met her near railway level crossing and forced her to accompany him with a threat to kill her showing a knife. The accused took her to Bathinda to his Bua who did not permit them to stay in her house. Then the accused took her to Phoos Mandi where both of them stayed for 2 days. Then the accused took her to Pilani in Rajasthan. There he kept her for 1 month at the house of some Muslim. Then he shifted her to a rented house which belonged to another Muslim. There he kept her for about 3½ months. He used to have sexual intercourse forcibly at the point of knife. He would also tie her hands once or twice every month. On 12.9.2000, the accused came down from Pilani to Dabwali for making arrangement of money, but he was apprehended by the police at Dabwali. The next day on 13.9.2000, the accused came alongwith the police party to Pilani. The prosecutrix was thereafter recovered by the police. 3. PW4 Natha Singh, father of the prosecutrix lodged a complaint with the police on 27.5.2000 expressing suspicion that his daughter who was missing would have been enticed by the accused. PW5 Dr. Kulwinder Kaur medico-legally examined the prosecutrix on 14.9.2000 at about 11.20 a.m. She found that there was no external mark of injury. There was also no fresh bleeding or any sign of inflammation. The hymen was found ruptured. Hymen admitted two fingers. There was no sign of acute inflammation over vulva. There was no sign of old injury inside vagina. Swab was taken from the posterior and lateral fornics and sent for chemical examination. There was also no fresh bleeding or any sign of inflammation. The hymen was found ruptured. Hymen admitted two fingers. There was no sign of acute inflammation over vulva. There was no sign of old injury inside vagina. Swab was taken from the posterior and lateral fornics and sent for chemical examination. She has opined that the prosecutrix would have been subjected to habitual sexual intercourse. 4. PW2 Dr. Raj Kumar medico-legally examined the accused and certified that there was nothing to suggest that he was not capable of performing sexual intercourse. PW7 ASI Sarwan Singh conducted the investigation and laid final report as against the accused. 5. The trial Court having relied upon the testimony of the prosecutrix who was examined as PW6, in the background of the medical testimony available on record returned a verdict of conviction as against the accused. 6. Learned counsel appearing for the appellant would submit that the evidence of the prosecutrix is totally unbelievable, inasmuch as, she has come out with an artificial version. The trial Court has recorded a finding that she was aged 19 years at the time when the occurrence took place. It is his submission that the prosecutrix was with the accused for about 3½ months. The prosecutrix had a lot of chance to alert the public about the alleged abduction and forcible intercourse, but she had not preferred to do so. It is his submission that if at all there was any intercourse by the accused with the prosecutrix, it would have been only with the consent of the prosecutrix. Therefore, it is his submission that the trial Court has wrongly convicted the accused. 7. Per contra, Mr. Kshitij Sharma, AAG, Haryana appearing for the State would submit that there is evidence to show that the prosecutrix was enticed by the accused and taken away for the purpose of subjecting her to forcible intercourse. The evidence of the prosecutrix in the background of the medical evidence would establish that she was subjected to forcible intercourse at the point of knife. Therefore, the trial Court has rightly rendered a verdict of conviction as against the accused, he would submit. 8. The entire material on record was thoroughly perused by me in the background of the submissions made on either side. I find that the prosecutrix has come out with a totally artificial version. Therefore, the trial Court has rightly rendered a verdict of conviction as against the accused, he would submit. 8. The entire material on record was thoroughly perused by me in the background of the submissions made on either side. I find that the prosecutrix has come out with a totally artificial version. The FIR lodged by PW4 Nathu Singh, father of the prosecutrix drops a clue that he had suspected the role of the accused as the accused had moved with the prosecutrix. As otherwise, PW4 Nathu Singh would not have entertained any suspicion as to the role of the accused at the very inception when he lodged the complaint. It is to be noted that PW4 never whispered anything about tantrik power of the accused. Had the accused proclaimed himself as tantrik, that too in a village setting, PW4 would not have failed to specifically refer in the complaint that accused who proclaimed himself as tantrik had enticed his daughter and took her away. 9. Coming to the story reeled out by PW6, the prosecutrix in this case, I find that she had chosen not to alert the public for about 3½ months when she was roaming around with the accused. She had been taken to the Bua of the accused first in point of time. Never had she opened her mouth as to the forcible abduction at the point of knife made by the accused to the Bua of the accused, who in fact, supported the prosecutrix in not entertaining both of them for a brief stay. She had not availed the first opportunity to disclose the alleged forcible act of the accused. 10. It is totally unbelievable that the accused was armed with a knife all the time right from the date of abduction till the date of recovery of the victim. She had the second opportunity to disclose the forcible abduction to the local people at Phoos Mandi where she stayed for 2 days with the accused. Never had she disclosed any such forcible act of the accused to the public. The third opportunity she got when she stayed in the house of a Muslim gentleman at Pilani in Rasjathan. She stayed with him for about 1 month at his house. Never had she disclosed anything to him. Never had she disclosed any such forcible act of the accused to the public. The third opportunity she got when she stayed in the house of a Muslim gentleman at Pilani in Rasjathan. She stayed with him for about 1 month at his house. Never had she disclosed anything to him. It is in fact uncharacteristic of a person not to disclose such a violent act even to the person who had given shelter. 11. The further story of the prosecutrix that at the knife point she was subjected to sexual intercourse is totally unbelievable for the simple reason that she had not disclosed such forcible intercourse when she stayed for another 2½ months at Pilani to any of the person whom she encountered. In the cross-examination she had unambiguously admitted that for about 1½ months the accused stayed put in the bed. She had in fact served him during such period. A person who was in the bed on account of acute illness would not have wielded threats to a person who supported him during that period. But the fact that the prosecutrix had not chosen to alert the neighbours even during such a period baffles the Court. Lastly, the accused left for his native village for the purpose of mobilizing funds. The prosecutrix would admit that the accused took away the knife alongwith him. The knife point threat was not there at least for a day when the accused had left for his village. She was alone in the house, but she had not chosen to disclose this violent act of accused even to the neighbours. 12. In the above facts and circumstances, I find that the prosecutrix who was 19 years has in fact invented a story that the accused in the guise of tantrik power threatened her and took her away and subjected her to forcible intercourse. True it is that the testimony of Dr.Kulwinder Kaur who was examined as PW5 would go to establish that the prosecutrix was subjected to intercourse. No external injury was noted down by PW5 Dr.Kulwinder Kaur. There is no material to show that the prosecutrix ever put up resistance to the violent act of the accused. 13. One important aspect in this case is that the prosecutrix would depose that she in fact despatched many a letter to her father through a Muslim boy. No external injury was noted down by PW5 Dr.Kulwinder Kaur. There is no material to show that the prosecutrix ever put up resistance to the violent act of the accused. 13. One important aspect in this case is that the prosecutrix would depose that she in fact despatched many a letter to her father through a Muslim boy. This important aspect has not been deeply investigated by the investigating officer. The father on his part would depose that never had he received any letter communication from his daughter. The prosecution in fact failed to establish that PW6 in fact despatched letters to PW4 informing him of the violent act of the accused. If at all the prosecutrix had been taken away forcibly and was subjected to intercourse at the point of knife, she would have at least communicated to her father or her other relatives through some written communication whenever she found time. She was all alone when the accused had been to do his collie work. I find that none of the version of the prosecutrix is found to be reliable. Unfortunately, the trial Court has relied upon the version of the prosecutrix in the background of medical evidence and rendered a verdict of conviction. I find that the appellant-accused has made out a case that there was no forcible abduction or forcible intercourse performed at the point of knife. 14. In view of the above, the accused is acquitted of the charges under Section 366 and 376 IPC. The bail bond executed by him shall stand discharged. Consequently, the judgement of conviction by the trial Court is set aside and the appeal is allowed. ----------0BSK0----------