NASIB SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These appeals arise from a judgment dated 20 December 2019 of a Division Bench of the High Court of Punjab and Haryana in a batch of nine criminal appeals. The High Court remitted the orders of acquittal and conviction arising out of two separate FIRs for fresh trial and directed that the proceedings arising out of both the FIRs be clubbed together under Section 223 CrPC and be tried together by one court. The issue that arises for consideration is whether holding separate trials arising out of two FIRs warrants the direction of the High Court for a de novo trial.

(2.) The case of the prosecution is that on 13 November 2012, the prosecutrix along with Shinderpal Kaur went to Gugga Mari near Ghaggar river for lighting earthen lamps. While they were returning home, a car driven by accused Gurpreet Singh alias Aman approached them. Balwinder Singh was alleged to be sitting in the rear seat of the vehicle. Gurpreet Singh halted the car near the prosecutrix and Shinderpal Kaur whereupon Balwinder Singh who was known to her opened the door of the vehicle, grabbed her and threw her on the rear seat of the vehicle. The doors and window panes of the vehicle were closed as a result of which the alarms raised by the prosecutrix could not be heard by the passers-by. Shinderpal Kaur left the spot. Balwinder Singh is alleged to have committed sexual assault on the prosecutrix in the car after which she was taken to the motor shed of accused Sandeep Singh. Sandeep Singh handed over the key to Balwinder Singh after which the prosecutrix is alleged to have been repeatedly raped by Balwinder Singh and Gurpreet Singh in the precincts of the motor shed. The prosecutrix is alleged to have been forcible administered an intoxicant as a result of which she became semi- conscious. At 9.30pm, she was brought in the vehicle and thrown near the Gurudwara of the village. The prosecutrix managed to reach her home and narrated the incident to her mother Surjeet Kaur.

(3.) On 22 November 2012, the prosecutrix along with her relative, sister and mother is alleged to have reached Police Station City Samana from where they were directed to Police Station Ghagga.