BALBIR SINGH Vs. STATE

JUDGEMENT

(1.) Petitioner herein is one of the co-accused in a case arising out of FIR No. 328/2006 dated 28.5.2006 under Sections 376 (g)/328/34 IPC. The operative part of the FIR reads as under:

(2.) As can be seen from the aforesaid FIR, the main accusation is against one Bijender @ Illo who had allured the complainant and taken her on the pretext that he shall get her the job and for this he had talked with somebody in Gurgaon. It further states that in the Car in which she was taken, Bholley and Pappey were also present and Pawan drove the Car towards Gurgaon on the asking of Bijender @ Illo. When she was taken to a hotel in Gurgaon, Illo's friends Balley and Chauhan, whom she had earlier seen in the Village, also came there. The persons named in the FIR, thus, are Bijender @ Illo, Aman, Bholley, Pappey, Balley and Chauhan.

(3.) The petitioner moved application before the learned Trial Court for holding Test Identification Parade (TIP). This application has been dismissed by the learned Trial Court, vide order dated 5.9.2006, observing as under: