JASWANT KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has approached this Court seeking issuance of a direction to respondents No. 2 and 3 to consider her representation dated 19.03.2020 (Annexures P-3 and P-4) and also to protect the lives and liberty of the petitioner and her daughter as she apprehends threat to the same at the hands of the accused named in FIR No.434 dated 16.12.2019 under Sections 365, 376-D, 120-B IPC and Section 6 of POCSO Act, Police Station Sadar Tarn Taran, District Tarn Taran.

(2.) It is the case of the petitioner that her daughter was gang-raped on the night intervening 10.12.2019 and 11.12.2019 regarding which FIR No.434 dated 16.12.2019 under Sections 365, 376-D, 120-B IPC and Section 6 of POCSO Act, Police Station Sadar Tarn Taran, District Tarn Taran lodged at the instance of the petitioner's daughter (aged 16 years).

(3.) Learned counsel for the petitioner has submitted that although a period of about 4 months has elapsed but till date accused have not been arrested who in fact reside in the same village where the petitioner and her daughter reside. It has further been submitted that the accused are in fact close to 'Sarpanch' of the village and on account of which the police is not arresting the said accused who in turn are threatening the petitioner and her daughter to withdraw the case lodged against them. It has further been submitted that although swabs were taken from the body of the prosecutrix immediately after lodging of FIR but till date the same have not been sent for chemical examination and that such delay could affect the result of chemical examination.