KANWARBIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in this petition is for grant of anticipatory bail to the petitioner in FIR No.5 dated 14.10.2020 registered under Sections 376/420 of the Indian Penal Code, 1860 (in short 'IPC') at Police Station N.R.I., District Amritsar.

(2.) Counsel for the petitioner has submitted that as per the allegations in the FIR, registered at the instance of the complainant 'G' name not disclosed, she has stated that she belongs to Scheduled Caste and in the year 2016, she had gone to Australia for higher studies.

(3.) Thereafter, the petitioner became a friend of the complainant who offered for marriage. The complainant informed him that she belongs to Scheduled Caste family and therefore, the marriage is not possible as the petitioner belongs to a Jaat Sikh family, however, the petitioner convinced her that there will be no problem in performing their marriage. Later on, the petitioner started insisting for having physical relation with her on the pretext of performing marriage. Initially, the complainant refused but after many attempts, the petitioner by giving some intoxicant in food, violated her. In this process, the petitioner has taken some objectionable photographs of the victim without her knowledge, which was disclosed to her later on. Since the complainant was residing abroad, the petitioner informed her that he has convinced his parents for marriage and the victim came to India on 07.12.2018 and the petitioner took her to a Gurudwara where he had taken an oath that he will marry her and on that pretext, both stayed in a hotel at Amritsar and again, the petitioner committed rape upon her. It is further stated in the FIR that the marriage was not performed and from 11.07.2019 to 16.07.2019, the complainant and the petitioner again stayed in the hotel where the petitioner informed that his father is objecting in the marriage of the complainant with the petitioner as she belongs to a Scheduled Caste category. The petitioner, in that pretext, has committed rape upon the complainant. It is further stated in the FIR that for a considerable long time, on the assurance given by the petitioner that he will perform marriage, she kept on waiting and ultimately as per the details given in the FIR, when the complainant found that the petitioner has committed rape upon her on the pretext of marriage whereas he never intended for the same, she made a complaint to the N.R.I. Wing, S.A.S. Nagar and an enquiry was conducted. During the enquiry, the police as per the chatting between the victim and the petitioner dated 09.02.2020, found that the petitioner sent his account number, asking the victim to send some amount on credit which he will return but the petitioner did not return the money. Even on previous occasion, he was demanding money from the victim. It is further stated that the victim has informed that she is ready to come to India to get herself medico legally examined.