IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM No.M-30833 of 2010 Date of decision: 10.1.2011 Jasvir Singh @ Labhi @ Gurdip Singh ... Petitioner Versus State of Punjab and another … Respondents Present: Mr. C.M. Munjal, Advocate for the petitioner. Mr. VPS Sidhu, AAG, Punjab. Mr. J.S. Khiva, Advocate for the complainant/respondent No.2 *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a complaint case filed by respondent No.2 alleging commission of offences under Sections 376, 452, 504, 506 and 34 IPC; besides, Section 3 and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“ SC & ST Act” – for short). The complainant/respondent No.2 filed a complaint dated 11.8.2006 (Annexure P2) in the Court of learned Judicial Magistrate Ist Class, Mansa. It is alleged that the complainant was cutting grass in the field adjoining to the field of the petitioner on 30.7.2006. The petitioner CRM No.M-30833 of 2010 [2] with a bad intention caught hold of the complainant and wanted to take liberties with her. The complainant, however, raised an alarm and people gathered there. She saved her honour although the petitioner caused many injuries on her person. In this regard, FIR No.139 dated 2.8.2006 stands registered for the offences under Sections 354, 323 and 34 IPC at Police Station Bhikhi, Tehsil and District Mansa. The complainant/respondent No.2 remained admitted in hospital at Bhikhi for many days. Thereafter, it is alleged that on 10.8.2006, the husband of the complainant/respondent No.2 namely Kewal Singh had gone out of the village in his relations. The complainant was alone at home and was sleeping on the cot in her room. At about 5.00 p.m., the petitioner under the influence of liquor came in the room by opening the door. He entered the room without permission of the complainant/respondent No.2 and rebuked her by saying what damage had she been able to do by registering the case against him. It is further alleged that the petitioner stated on the said day i.e. 10.8.2006 that he would undo her ego. The complainant was then thrown on the cot by the petitioner. When she tried to raise an alarm then the petitioner pushed a ‘chunni’ in her mouth. He untied the string of her ‘salvar’ and started to rape her. The complainant/respondent No.2 made every effort to save herself but the petitioner was strong and he did not let her out of his grip. It is alleged that the petitioner committed rape with the complainant against her wishes which he did for a long time. The complainant CRM No.M-30833 of 2010 [3] removed the ‘chunni’ from her mouth and raised an alarm of “bachao bachao”. On hearing her cries Charana Singh son of Nand Singh of village Khiva Kalan and Gurdev Singh Ex- Sarpanch son of Mit Singh came there and witnessed the incident. They pulled the petitioner from the complainant but by that time it is alleged that the honour of the complainant had been ruined. The complaint (Annexure P2) was filed on the next day of the incident i.e. on 11.8.2006. The learned Judicial Magistrate Ist Class recorded the preliminary evidence. It is after the complaint (Annexure P2) was filed that the complainant/respondent No.2 got herself medically examined on 12.8.2006 at 8.00 p.m. The medical examination was conducted by Dr. Navjot Kaur who appeared in the witness box as CW2. She did not find any scratch marks or external injuries on the person of the complainant; besides, Vaginal swab was taken and sent for chemical examination. CW3 Raj Singh while appearing in the witness box supported the allegations of the complainant and preliminary evidence was closed. The learned Judicial Magistrate Ist Class, Mansa vide order dated 18.5.2010 (Annexure P3) summoned the petitioner. The petitioner filed a petition for grant of pre-arrest bail i.e. CRM No. M-24612 of 2010 which was dismissed by this Court on 24.8.2010. The petitioner then applied for regular bail on 21.9.2010 which has been dismissed by the learned Additional Sessions Judge, Mansa vide her order dated 4.10.2010 (Annexure P4). The petitioner at present is in CRM No.M-30833 of 2010 [4] custody. He has been charge-sheeted on 30.10.2010 for the offences under Sections 376 and 452 IPC; besides, Section 3 of the SC & ST Act. The statement of the complainant/respondent No.2 has been recorded by the learned trial Court. Gurcharn Singh son of Nand Singh who according to the learned counsel for the petitioner is Charana Singh as mentioned in the complaint (Annexure P2) denied anything about the present incident. It is stated by him that he was not a witness to the incident and he came to know for the first time about the case when he received summons from the Court. He recognized the prosecutrix present in the Court but he did not know her name. It is stated that he was a handicapped person and he could not move. Besides, he knew nothing about the case. The petitioner is in custody for sufficiently long time. The complainant is to establish and prove her case by leading evidence. At present Gurcharn Singh son of Nand Singh who according to the learned counsel for the petitioner is Charana Singh as mentioned in the complaint (Annexure P2) has not supported the prosecution case. Besides, the medical evidence on record does not show at this stage that it is a case of sexual assault. In view of the afore-noticed facts and circumstances, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned Chief Judicial Magistrate, Mansa shall be admitted to bail. CRM No.M-30833 of 2010 [5] It is, however, made clear that nothing stated herein shall be taken as an expression of opinion on the merits of the case and it is only for the purpose of disposing of the application for bail. The learned trial Court shall consider the facts and circumstances of the case on the basis of evidence and material independently as adduced before it. (S.S. SARON) JUDGE January 10, 2011 amit