CRIMINAL REVISION NO.1580 OF 2007 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: SEPTEMBER 03, 2008 Kulwant Singh .....Petitioner VERSUS State of Punjab ....Respondent CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. S. S. Salar, Advocate, for the petitioner. Mr. A. S. Brar, DAG, Punjab, for the State. **** RANJIT SINGH, J. This revision is directed against the order framing a charge against the petitioner under Sections 376, 420, 120-B IPC. Petitioner claims that there is no evidence or material against him in the entire investigation so far and as such the action of the court in framing the charge against him for the offences as stated along with co-accused Harvinderpal Singh is totally unwarranted in law. The facts, in brief, are that one Surinderpal Kaur made a complaint to police disclosing that Harvinderpal Singh was residing in Canada with her uncle Pishora Singh. Harvinderpal Singh though married earlier had got a divorce from his first wife. He then CRIMINAL REVISION NO.1580 OF 2007 :{ 2 }: requested Pishora Singh, uncle of the complainant, for arranging his marriage. Pishora Singh then spoke to the family of the complainant for marriage of the complainant with Harvinderpal Singh. When Harvinderpal Singh gave consent on seeing photograph of the complainant, the parties agreed for the marriage. On 4.1.2005, Harvinderpal Singh came to India and was received by the mother and brother of the complainant. He was brought to Ludhiana in a rented car and was made to stay at the house of the complainant. Subsequently, a ring ceremony was performed and Harvinderpal Singh stayed in the house of the complainant. It is then alleged that Harvinderpal Singh enticed the complainant and committed sexual intercourse with her by saying that only formalities of the marriage remained upon which the complainant appears to have succumbed to have intercourse with him. Harvinderpal Singh, however, left the house on 10.1.2005 on the pretext of making arrangements for marriage and by saying that he was going to get marriage card printed. He thereafter did not return.The complainant received certain calls from Harvinderpal Singh that his parents were pressuring him to marry some where else, but statedly stood by his commitment to marry the complainant. Accordingly, the family of the complainant did not take any action against him. On 8.3.2005, the family of the complainant went to the parents of Harvinderpal Singh but they refused to perform the marriage. It is in this background that the allegations of cheating and offence under Section 376 IPC are made against Harvinderpal Singh by the complainant. On the basis of a complaint made, Superintendent of Police, Ludhiana conducted an CRIMINAL REVISION NO.1580 OF 2007 :{ 3 }: enquiry and after taking legal opinion registered a case under Sections 376/420/120-B IPC against Harvinderpal Singh and Kulwant Singh (the petitioner). The challan has been put in the court of Illaqa Magistrate. At the time of framing of charge, it was vehemently contended on behalf of the petitioner that statement of the complainant and other witnesses recorded would clearly show that there is no allegation of rape against petitioner Kulwant Singh. Incidentally, Kulwant Singh is father of Harvinderpal Singh. Reference in ex-tenso is made to the statement of complainant Surinderpal Kaur. At no stage, she has made any allegation against petitioner Kulwant Singh. In fact, Harvinderpal Singh has came in contact with the family through her uncle Pishora Singh and had alone come to India and stayed with the family of the complainant. He alone had performed the ring ceremony with the complainant without the presence of his parents and in fact the parents of Harvinderpal Singh were not associated with any negotiation or ceremonies despite being so desired by the complainant. It is stated by the complainant that when Harvinerpal Singh was asked to call his parents, he had responded by saying that he was to get married and not his parents. The sexual intercourse that took place between Harvinderpal Singh and the complainant can not be linked with any connivance on the part of Kulwant Singh petitioner to make him responsible for such an offence even with the aid of Section 120-B IPC. Since the petitioner had never been associated either in negotiation or otherwise, obviously he cannot be held responsible for cheating or connivance or conspiracy to cheat CRIMINAL REVISION NO.1580 OF 2007 :{ 4 }: the complainant or her family by Harvinderpal Singh. Merely because he is a father of Harvinderpal Singh would not make him responsible for criminal liability for the act and conduct on the part of Harvinderpal Singh. Despite best efforts on his part, the State counsel could not draw my attention to any piece of evidence, statement or material which has been collected by the investigating agency to link the petitioner with any allegation for the offences for which he has been charge sheeted. The trial court had simply gone to charge sheet the petitioner on the ground that he was involved in getting Harvinderpal Singh flee from India after ring ceremony. These observations are the ipse dixit of the trial court and would not in any manner establish the allegation of conspiracy to cheat on the part of the petitioner. I am, thus, of the considered opinion that there is no material available on record to frame the charge against the petitioner for an offence under Section 376 IPC or for that matter under Section 420 IPC with the aid of Section 120-B IPC. This revision petition is accordingly allowed. The impugned order directing framing of a charge against the petitioner is set aside. As a matter of abandon caution, it is observed that any comment made in this order would not have any bearing on the case standing against Harvinderpal Singh, who appears to be responsible for all the allegations made in the complaint. September 03, 2008 ( RANJIT SINGH ) ramesh JUDGE