IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc M- 20679 of 2008 Date of decision: 23.3.2009 Indesh Makkar …Petitioner Versus State of Punjab …Respondent Present: Ms GK Mann, Advocate for the petitioner. Mr Sudhir Nehra, Addl AG Punjab. Mr Shammi Khan, Advocate for the complainant. S.S.SARON, J. This petition has been filed seeking regular bail in a case registered against the petitioner for the offences under Sections 363, 366, 376, 506 and 120B IPC. The FIR in the case has been registered on the statement of Rajinder Kumar Khosla whose 14 years old daughter is alleged to have been raped by the petitioner. According to learned counsel for the State and the complainant, the petitioner is the main accused in the case. It has been alleged by the complainant that his daughter was taken in a room where she was subjected to beating and a rape had been committed on her after threatening her. She was raped throughout during the entire night. Learned counsel for the petitioner submits that the medical evidence does not show that the prosecutrix was subjected to rape. It is also Cr Misc M-20679 of 2008 2 submitted that SP Traffic and Security Jalandhar has submitted a report (P1) in which he has opined that it did not appear to mind that anybody may commit rape with a girl of 14 years of age for the entire night and yet no injury or abrasion may occur and no semen blots may occur on her undergarments and clothes. A perusal of the report (P1) that has been filed would show that the complaint was marked for inquiry to the SP Traffic & Security Jalandhar. Besides the said inquiry was conducted after the challan in the case had been filed. Therefore, at this stage, this Court is not to go into the veracity of the evidence and material on record so as to establish whether a case has been made out or not. It may be noticed that in an earlier order dated 5.12.2008 passed by this Court in Criminal Misc M-16949 of 2008 while dismissing the petition seeking quashing of the FIR, it was inter alia observed as follows: “Considering the nature of incident, the age of the prosecutrix, the fact that the prosecutrix has been forced to give up her studies and also her sentiments reflected in Court that she wants to pursue further studies, it is directed that the trial Court would conclude the trial within three months from today. The statement of the prosecutrix would be recorded at the earliest. The proceedings would be held in Camera.” A perusal of the above shows that the case was ordered to be concluded within 3 months from 5.12.2008. By a separate order passed today in Criminal Misc M-1238 of 2009, the case has been transferred from Jalandhar to Nawanshahr. In the circumstances, it would be just and expedient to dispose of the present petition with the direction to the learned Cr Misc M-20679 of 2008 3 Additional Sessions Judge Nawanshahr to make every effort and endeavour to conclude the trial as expeditiously as possible and preferably within three months from 4.4.2009 i.e. the date fixed for appearance of the parties in the said Court. This petition stands disposed of accordingly. 23.3.2009 ( S.S.SARON ) ASR Judge