BALJINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner Baljinder Singh son of Balwant Singh, has preferred the instant petition for regular bail in a case registered against him along with his other co-accused, namely, Inderjit @ Indu son of Binder Ram, Charanjit @ Mogli son of Joginder Ram & Jaswant Ram alias Jaswant Singh, residents of village Khanora, District Hoshiarpur and their one unknown friend, by virtue of FIR No.11 dated 12.02.2012 (Annexure P-1/T), on accusation of having committed the offences punishable under Sections 376(g) & 506 read with section 34 IPC by the police of Police Station Mantiana, District Hoshiarpur.

(2.) The crux of the prosecution version is that on 11.02.2012 at about 8.00 PM, as soon as the prosecutrix (named intentionally withheld) reached near the vacant place, then accused Inderjit @ Indu son of Binder Ram, Charanjit @ Mogli son of Joginder Ram, residents of Khanora, District Hoshiapur and their one unknown friend came there. Suddenly Inderjit @ Indu son of Binder Ram took out a cloth from his pocket and closed her mouth. Thereafter, all the three accused picked and took her to secluded house, where Charanjit @ Mogli and his friends forcibly made her to lay down on the ground, thereafter, Charanjit @ Mogli caught her arms and unidentified friend caught hold her legs. Where Inderjit Singh @ Indu removed her pajami and forcibly committed rape. Thereafter, all the accused threatened with dire consequences of elimination of her entire family. After committing the gang rape, all the accused fled away from the place of occurrence.

(3.) Leveling a variety of allegations and narrating the sequence of events, in all, the prosecution claimed that all the accused have committed forcibly rape with the prosecutrix. In the background of these allegations and in the wake of statement of the prosecutrix, the present case was registered against the petitioner-accused, in the manner described here-in-above.