JUDGEMENT
REKHA MITTAL,J. -
(1.)APPREHENDING her arrest in execution of process issued by the Judicial Magistrate Ist Class, Ajnala in a private complaint captioned
"Gurdeep Singh Vs. Rajwinder Singh and another" for offence under
Sections 376, 120B of the Indian Penal Code, Kuldip Kaur -petitioner has
approached this Court for grant of bail in anticipation of arrest.
(2.)MR .Param Preet Singh Paul, DAG, Punjab assisted by Mrs.G.K.Mann, counsel for the complainant has put in appearance on behalf
of the respondent.
Counsel for the petitioner would contend that on the same
allegations, FIR No.104 dated 05.10.2012 was registered at Police Station
Ramdas against Rajwinder Singh @ Raja and the present petitioner. During
investigation, the petitioner was found innocent and charge sheet was
submitted against Rajwinder Singh @ Raja who is facing trial before the
Juvenile Justice Board at Amritsar. Rajwinder Singh @ Raja was granted
bail by the Court of Sessions at Amritsar. It is further submitted that the
petitioner has been implicated in the crime on the allegations that on
2012 at 10/11 AM, the petitioner took away the prosecutrix on the pretext of some domestic work and when daughter of the complainant did
not come back home for considerable time, he along with his wife Jasbir
Kaur went to the house of the petitioner Kuldip Kaur and they heard cries of
the child from one of the rooms in the house which was not bolted from
inside and the complainant and his wife saw Rajwinder Singh @ Raja
adopted son of the petitioner running away from the room and noticed that
nikker of the prosecutrix had been removed and blood was coming out of
her private parts. According to counsel, it is difficult to believe that the
petitioner, a mother of five children would be a party to the alleged illegal
act statedly committed by Rajwinder Singh @ Raja. It is also not the plea of
the complainant that the petitioner was present in the house when the
complainant and his wife came to her house and found their daughter crying
in a room in the aforesaid condition. It is further argued that even as per the
medical examination of the victim aged about 8 years, hymen was found
intact and bleeding P/V was not present. The last submission made by
counsel is that custodial interrogation of the petitioner is not required and
she is ready to face trial without any default subject to the terms and
conditions, which may be imposed by this Court.
3. Counsel for the State assisted by counsel for the complainant has opposed the prayer for bail. It is argued that the petitioner cannot escape
her liability for the alleged illegal act of Rajwinder Singh @ Raja as the
petitioner brought the victim to her house on the pretext of getting some
domestic work done.
(3.)A perusal of the allegations in the complaint would reveal that there is no reference to the time when the complainant and his wife visited
the house of the petitioner as their daughter did not return. It is also not the
plea of the complainant that the petitioner was present in the house at the
time when the victim and Rajwinder Singh @ Raja were found in the same
room. As per medical examination of the victim, the hymen was found intact
and there was no bleeding present as per P/V findings. The petitioner was
found innocent during investigation of FIR No.104 dated 05.10.2012 and
the challan has been presented only against Rajwinder Singh @ Raja. As the
petitioner is mother of five children, both males and females, the main
accused being her adopted son sounds unnatural. The petitioner has been
summoned in a private complaint, thus, her custodial interrogation is not
required, when otherwise, she is ready to face trial without any default.
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