SADHA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) CONCISELY, the facts and material, culminating in the commencement, relevant for the limited purpose of deciding the sole controversy, involved in the instant petition and emanating from the record, are that, on 13.4.2010, as soon as, the police party headed by the complainant Inspector Balbir Singh, Chief Officer, Police Station Sultanwind, District Amritsar, consisted of ASI Hari Singh and other police officials, was present on the canal bridge in the area of village Chatiwind, in connection with the crime checking, in the meantime, a Special Informer informed him that one Manjit Kaur and Kulwinder Kaur are carrying on business of prostitution in their respective houses, by inviting unknown persons and charge Rs. 500/- to Rs. 1000/- per person as their fee. If the raid is conducted, those males and females can be caught red handed. Believing the information to be true, the complainant constituted two separate police parties, one headed by him and second by Hari Singh ASI. The police party headed by ASI Hari Singh was instructed to raid the house of Manjit Kaur (accused), whereas he (complainant) raided the house of Kulwinder Kaur. On the way, Ashok Kumar, President of Congress Party, was joined as an independent witness with the raiding party.

(2.) THE prosecution claimed that when the house of Kulwinder Kaur was raided, two males, namely, Dilbag Singh and Bhupinder Singh and two females, named, Kulwinder Kaur and Raj Kaur were found in naked/compromising position in separate rooms of her house. THE lady Constable Surinder Kaur searched her and recovered the currency notes of the denomination of Rs. 500/-, two Nirodh of Cobra Lubricated brand. Sequelly, from the search of Dilbag Singh, an amount of Rs. 150/- was recovered from the right hand pocket of his pant. THEse articles were taken into possession, vide recovery memo.

(3.) AFTER the completion of the investigation, the police submitted the challan/final police report (Annexure P2), in terms of section 173 Cr.PC against petitioner-accused Sadha Singh, Dilbag Singh, Bhupinder Singh, Kulwinder Kaur, Raj Kaur and Manjit Kaur to face the trial for the indicated offences.