ASHA RANI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a revision against the order passed by the Chief Judicial Magistrate, Bathinda dated 21.4.1999, vide which the learned Court summoned the petitioner for facing trial for the offence under Sections 363/366/376 of the Indian Penal Code along with other co-accused.

(2.) Briefly, the facts of the case are that on 15.7.1996 one Sonu daughter of Kaur Singh Jatt, resident of Gopal Nagar, Bathinda, aged about 15/16 years, made a statement to Malkit Singh, A.S.I. that she was raped by Sukhvir Singh @ Satbir Singh, Dharam Pal and Naresh Kumar. The allegations were also made against Asha Rani as she is alleged to have helped the aforesaid accused for committing rape upon the prosecutrix. During investigation, Asha Rani and Jai Bir were kept in column No. 2 and the challan was presented against rest of the accused.

(3.) After submitting the challan, all the three accused, vide Annexure P1, were declared proclaimed offenders as they were absconding. Thus, the learned Chief Judicial Magistrate, Bathinda ordered the recording of evidence under Section 299 of the Code of Criminal Procedure. At this stage, an application was filed by Assistant Public Prosecutor for summoning accused Jai Bir and Asha Rani. The learned Chief Judicial Magistrate, Bathinda recorded the evidence of prosecutrix Sonu as well as evidence of Investigating Officer, Dr. Sunit Chahal, Gynaecologist, Civil Hospital, Bathinda and Dr. Karam Singh and after recording their evidence summoned petitioner Asha Rani along with Jai Bir as accused for facing trial for the aforementioned offences. The present petition has been filed against the order of the Chief Judicial Magistrate, Bathinda dated 21.4.1999, vide which he had summoned the petitioner along with Jai Bir.