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(13) The prosecutrix has admitted that the affidavits Ex.PW10/DX1 and Ex.PW10/DX2 bear her signatures and thumb impressions at points A which were executed in Court at Jallandhar. She has deposed that she did not inform in the Court including the Notary Public that the accused had forcibly brought her there and was marrying her under threat. She has admitted that she had made a call to her mother from Jallandhar informing her that she was already married the accused and there are no chances of her marrying anybody again. The prosecutrix has further admitted that she had asked her mother to tell the police not to trouble the family of the accused since she had voluntarily of her own got married to the accused. She admits that she knew Pintoo and has voluntarily explained that he is her neighbour staying next door. She has admitted that she made a call to Pintoo from Jallandhar informing him that she had already married to Rajesh and would come after threefour months and she was happily residing wherever she was. The prosecutrix has admitted that before she had eloped with the accused she had also gone to attend a marriage at her Mama's house. She has further admitted that she had made a call to the accused one day prior to her eloping with him.
(14) The Ld. Defence Counsel has sought permission to place on record the CD of the telephonic conversation of the prosecutrix with the accused prior to her elopement, to her mother and to her neighbour Pintoo during the period 27.4.2005 to 7.5.2012. The same is permitted to be taken on record. The CD is Ex.PW10/DX3. (15) The prosecutrix has denied that she was in love with the accused and she had eloped with the accused of her own free will. She has further denied that she had married the accused being a major and in a position to take her decisions or that she was voluntarily residing with him as his wife during this period. She has further denied that the accused had made physical relations with her with her own consent and that she made a statement before the Ld. MM under the influence and tutoring of her family members due to which reason she refused to go with her father after her recovery and she was sent to Nari Niketan. She has admitted that she had given a history of eloping to the doctor and also refused her internal examination. She has denied the suggestion that she has deposed on the tutoring of her parents.
(33) Fourthly, it is admitted by the Investigating Officer that when the prosecutrix was recovered, she had refused to go with her parents and it was for this reason that she was sent to Nirmal Chhaya since her parents claimed that she was a minor at that time. (34) Fifthly, the entire case of the prosecution revolves around the testimony of the prosecutrix who has initially supported the case of the prosecution and has deposed that the accused had allured her and taken her to Jallandhar, Punjab, and put Sindoor on her forehead and forcibly got married with her and thereafter he forcibly made physical relations with her without her consent, but in the cross examination she has given the correct facts to the court. She has admitted that she had gone along with the accused voluntarily without any threats. She has further admitted that she had even gone to the court at Jallandhar to execute an affidavit for the purposes of marriage and also made a call to her mother from Jallandhar informing her that she was married with the accused and there was no chance to marrying anybody else again. The prosecutrix has also admitted that she had also made a telephone call from Jallandhar to her neighbour Pintoo informing him that she had already married to Rajesh and was happily residing with him. She has further admitted that she had eloped with the accused Rajesh and one day prior to her eloping with him, she had made a telephone call to the accused. The relevant portion of her cross examination is reproduced as under:
Vol. He is my neighbour staying next door. It is also correct that I made a call to Pintoo from Jallandhar informing him that I had already married to Rajesh and would come after threefour months and I am happily residing wherever I was. It is correct that before I had eloped with the accused I had also gone to attend a marriage at my Mama's house. It is correct that from there I had made a call to the accused one day prior to my eloping with him.