KULBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) INVOKING the provisions of Section 439 Cr.P.C., petitioner Kulbir Singh son of Nirmal Singh-main accused, has instituted the present petition for regular bail in a case registered against him, by virtue of FIR No.103 dated 13/10/2007 on accusation of having committed the offences punishable under Sections 342, 363, 376 and 506 IPC and section 3 (i) and (ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act by the police of Police Station Banur, Distt.Patiala.

(2.) CONCISELY, the prosecution, inter-alia, claimed that the prosecutrix is minor and was studying in 8th standard at the relevant time of occurrence. On the night intervening of 11/12.10.2007, the prosecutrix was sleeping in her house. At about 12.30 A.M., the petitioner-accused came to her house, called her forcefully, made her to sit on his motorcycle and took her to his tubewell, situated in the fields. He committed rape against her consent and kept her concealed there in illegal detention. On the next day, the petitioner took the prosecutrix to his sugarcane fields, forcibly made her to sit there and threatened her not to come out till he returns, but the prosecutrix slipped from the sugarcane fields from his clutches and reached her house. She narrated the entire incident to her parents, who got her admitted in Civil Hospital, Banur.

(3.) HAVING heard the learned counsel for the petitioner, having gone through the record with his valuable assistance and after bestowal of thoughts over the entire matter, to my mind, there is no merit in the instant petition.