State Of Punjab vs Cbi & Ors

2. The facts very briefly are that on 18.04.2007 respondent no.3 lodged FIR No. 82 at Police Station City-I, Moga against Simran Kaur @ Indu and her husband Ajay Kumar alleging offences under Sections 366, 376, 406, 420, 2 506, 344 read with Section 34 of the Indian Penal Code, 1860 (for short `the IPC'). Pursuant to the FIR, Simran Kaur and Ajay Kumar were arrested on 19.04.2007, but Ajay Kumar managed to escape from the custody of police and FIR No. 83, Police Station City-I, Moga dated 19.04.2007 under Section 224 of the IPC was registered against him. In course of investigation of the case, respondent no.3 made a statement before the police under Section 161 of the Code of Criminal Procedure, 1973 (for short `the Cr.P.C.') on 23.04.2007 naming 14 other persons who had sex with her against her will and some of these persons were arrested by Sub-Inspector Raman Kumar. The statement of respondent no.3 was recorded on 25.04.2007 under Section 164 of the Cr.P.C. by the Chief Judicial Magistrate, Moga. On 08.05.2007, the investigation of the case was entrusted to Inspector Amarjit Singh, S.H.O. PS City-I, Moga. Some of the persons named by respondent no.3 in her statements were found to be innocent and were released. After completing the investigation, Inspector Amarjit Singh submitted a charge sheet on 01.06.2007 in Court under Section 173 of the Cr.P.C naming Simran Kaur @ Indu, Ajay 3 Kumar, Vimal Kumar, Subhash Chander, Ramesh Kumar, Randhir Singh, Iqbal Singh, Bharat Bhushan and Inderjit Singh as accused persons.

3. On 04.06.2007 FIR No. 160 was registered under Sections 342, 323 and 506 read with Section 34 of the IPC at PS Baghapuran against several accused persons. One of the accused persons Ranjit Singh, however, made a complaint to the Additional Director General of Police (Law and Order) that he has been falsely implicated by Inspector Amarjit Singh in connivance with Manjeet Kaur because he had recorded a conversation by Inspector Amarjit Singh with him in the mobile that he would be arrested if he did not pay a certain amount to him and a compact disc containing the recorded conversation was prepared and attached with the complaint. Investigation into this case was entrusted to Inspector Bhupinder Singh, Deputy Superintendent of Police, Bhaga Pura, District Moga. On completion of the enquiry it was found that the allegations against the accused persons were false. Accordingly, on 24.10.2007 FIR No. 198 was registered at PS City -I, Moga under Sections 7 and 13(2) of the Prevention of Corruption 4 Act, 1988 read with Sections 384, 211 and 120-B of the IPC against Inspector Amarjit Singh and Manjeet Kaur and respondent no.3 and Inspector Amarjit Singh were arrested.

During investigation it also came to light that Sub-Inspector Raman Singh, the then S.H.O., PS Badhnikalan was helping Manjeet Kaur and respondent no.3 and that Sub-Inspector Raman Singh had accepted illegal gratification.

Accordingly, offences under Sections 195, 201, 202, 218, 219, 221, 465, 468 and 471 of the IPC were added in the case registered as FIR no. 198 of 2007 and Sub-Inspector Raman Singh was also named as an accused alongwith Inspector Amarjit Singh. Sub-Inspector Raman Kumar was also dismissed from service by the Senior Superintendent of Police.

4. On 11.11.2007, Manjeet Kaur and respondent no.3 were arrested and during interrogation respondent no.3 alleged that on 04.11.2007, Sub-Inspector Raman Kumar took her and Bhupinder Kumar @ Rocky Sharma to a place at Karnal in Haryana, where Bhupinder Kumar @ Rocky Sharma raped her during the night of 04/05.11.2007. On 13.11.2007, a news item was published in the Hindustan 5 Times headlined `Moga Sex Scandal' and two ladies, namely, respondent no.3 of Village Varsaal and her relative Manjeet Kaur of Village Badduwal had been arrested. This news was also published in the Tribune dated 12.11.2007.

5. The High Court took suo motu notice of the news items and issued notices to the State of Punjab, Senior Superintendent of Police, Moga and Deputy Inspector General of Police, Ferozpur Range and directed the Deputy Superintendent of Police, Bhupinder Singh, who was investigating into the case, to file the status report of the investigation on the next date of hearing. On 15.11.2007, Bhupinder Kumar was arrested and FIR No. 225 was registered at Police Station Tarawari, Distt. Karnal under Sections 376, 342 and 34 of the IPC against him. On 19.11.2007, status report was submitted before the High Court by Deputy Superintendent of Police, Bhupinder Singh stating that the investigation is still in progress. On 19.11.2007, a Criminal Miscellaneous Application was moved by an advocate on behalf of Bhushan Garg and Inderjit Singh, two Municipal Councilors of Moga, alleging that at the instance of local influential political persons and 6 senior police officers, many innocent persons, including Bhushan Garg and Inderjit Singh were implicated in FIR No.82 dated 18.04.2007 registered with Police Station City-

19. This is, therefore, not a fit case in which we should exercise our powers under Article 136 of the Constitution and grant leave to appeal. The Special Leave Petition is dismissed.