NEELAM MAHANT AND OTHERS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This petition under Section 438 of the Criminal Procedure Code has been filed by the petitioners, Neelam Mahant, Puna Ram and Raju Ram, for grant of anticipatory bail in FIR No. 65 dated 18.4.2008 registered under Sections 326/506/34 IPC in Police Station Mansa, in which offence was later converted into one under Section 302/34 IPC.

(2.) The facts are that the said FIR was registered on the statement of Gursewak Singh-complainant, wherein he narrated that he had adopted the profession of singing and dancing and had been staying out of his house with eunuchs for days together, who had been paying for his work. On 3.4.2008 at about 6 p.m. he was taken by these petitioners/accused in a jeep and he took liquor with them. When he told them he was not going to the member of their dancing group, they stopped the jeep, undressed him and then cut his sexual organ. He was kept at different places and was released only on one day before the registration of the FIR.

(3.) An inquiry was conducted by DSP, who found the petitioners innocent and accordingly, they were not challaned. However, on the basis of the evidence produced by the prosecution, during trial, the petitioners were summoned as additional accused by learned Sessions Judge, vide order dated 28.8.2009 (Annexure P/4).