CRM No. M 32174 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -- CRM No. M 32174 of 2010 Date of decision: 02.12.2010 Prem Chand ........ Petitioner Versus State of Punjab .......Respondent(s) Coram: Hon'ble Ms Justice Nirmaljit Kaur -.- Present: Mr. L S Sidhu, Advocate for the petitioner Mr. P S Paul, DAG, Punjab for the respondent- State -.- 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporter or not? 3. Whether the judgement should be reported in the Digest? Nirmaljit Kaur, J. (Oral) This is an application under Section 439 of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 101 dated 29.09.2009 under Sections 376, 344, 506 IPC and Sections 4, 5 of the Child Marriage Restraint Act, 1929, registered at Police Station Talwandi Sabo, District Bathina. It is admitted that the prosecutrix is the wife of the petitioner and her date of birth is 25.04.1994. She was more than 13 years of age on the date of marriage. Sub Section (1) of Section 376 IPC reads as under:- 376 . Punishment for rape CRM No. M 32174 of 2010 2 (1) Whoever, except in the cases provided for by sub- section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the woman raped is his own wife and is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years.” Taking into account the total imprisonment as provided in Sub Section (1) of Section 376 is two years, the petitioner has already under gone more than seven and half month of sentence and trial is not likely to be concluded in the near future, he is ordered to be released on bail to the satisfaction of Chief Judicial Magistrate, Bathina. (Nirmaljit Kaur) Judge 02.12.2010 mohan