YADWINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE Petitioner -accused, Yadwinder Singh, has filed this petition under Section 439(1) of the Code of Criminal Procedure for the grant of regular bail for the offences under Sections 376/34 and 201 IPC, for which he is standing his trial before the Additional Sessions Judge, Ropar and in respect of which FIR No. 62 dated 22.5.2008 was registered in Police Station, SAS Nagar, Mohali.

(2.) IT has been contended therein that the Petitioner has been falsely implicated. In fact, Gurvinder Kaur, prosecutrix, was having love affair with one Saleem, who was summoned as an additional accused after application was filed under Section 319 Code of Criminal Procedure The prosecutrix with the help of that Saleem, committed the murder of her mother in respect of which FIR No. 61 dated 22.5.2008 was registered in Police Station, Kurali. The statement of the prosecutrix has also been recorded during the trial and she had not implicated him. He is coming in custody since May, 2008 and is entitled to be released on bail.

(3.) THE prosecutrix did not support the prosecution case in the court so far as the present Petitioner is concerned. She stated that she was raped by two persons in the shop at Block Majri but did not name those accused nor she identified the present Petitioner as one of the accused, who so raped her.