ASHA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) ACCORDING to the FIR, the complainant has four children. One of them is 14 years old girl, named, Neelam. She stopped studying from sixth class as she failed to pass the examination. In the neighbourhood, there is a house of Naresh @ Kalu son of Har Lal Dhanka, resident of Rampura Mandi. He was constructing a new house. His brother-in-law Sham Lal son of Piara Lal and Mukhtiar Singh @ Puppi, came to the house for assisting in the construction work. The work was commenced about one month before the registration of the case. During this period, one Asha Rani wife of Naresh Kumar @ Kalu had been calling Neelam for helping in domestic work. Asha Rani, in this manner, brought Sham Lal and Mukhtiar Singh into contact with Neelam. It is alleged in the F.I.R. that on 29.5.2000, Sham Lal and Mukhtiar Singh in connivance with Asha Rani, abducted Neelam. The case was registered on the aforesaid statement of Nand Lal who is the father of the girl that had been abducted. Later on she made a categoric statement that she used to visit the house of Asha Rani, where she was introduced to Mukhtiar Singh and Sham Lal. Asha Rani used to go out of the house leaving Neelam alone with Mukhtiar Singh and Sham Lal. This gave an opportunity to Mukhtiar Singh to rape her. It was further stated by Neelam that Mukhtiar Singh had been telling her that he is a propertied man and that he will marry her. It is also stated that she was abducted at the instance of Sham Lal and Asha Rani. Medical examination of the prosecutrix also shows that she is minor and she has been subjected to sexual intercourse. Keeping in view the aforesaid facts and circumstances, the trial court very rightly dismissed the bail application filed by the Asha Rani.

(2.) GIVEN the seriousness of the allegations made in the F.I.R. the Court would have to take a serious and a concerned view of the matter. The matters concerning sexual exploitation of children cannot be dealt with in an ordinary manner. The Courts have to adopt a protective attitude to ensure that children are not sexually abused when they are left in the care of persons other than the parents or the legal guardians. Sexual exploitation leads to a traumatic life for the victim. Hence, the Courts have to take a very serious view of the allegations.

(3.) AT this stage, when the application for bail filed by present petitioner was about to be dismissed, learned counsel for the petitioner has stated that there is possibility of compromise. He has stated that Mukhtiar Singh is ready and willing to marry the girl. Prima facie, I do not see how that would make any difference to be offence having been committed. As Neelam would still be a minor, it would be doubtful whether such a marriage would be permissible in law.