KULDIP KAUR Vs. STATE OF PUNJAB
LAWS(P&H)-2013-11-7
HIGH COURT OF PUNJAB AND HARYANA
Decided on November 06,2013

KULDIP KAUR Appellant
VERSUS
STATE OF PUNJAB Respondents

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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