KULDIP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As per the allegations in the First Information Report No.8/92 dated January 29, 1992 under Sections 457/380/376 read with Section 34 of the Indian Penal Code, Police Station Majitha, on the night intervening 28th/29th January, 1992 at 9.00 p.m. Constable Kuldip Singh and Home Guard Gurnam Singh entered the house of Smt. Surinder Kaur, (hereinafter referred to as the prosecutrix) after scaling over the wall and raped her and bit her cheeks. While leaving her house, they also took away two pants and two shirts. While they were coming out of the house of the prosecutrix, they were seen by Bahadur Singh and Ajaib Singh, who lived in her neighbourhood.

(2.) The bail application moved by the accused was declined by the Additional Sessions Judge, Amritsar on March 11, 1992. The present Petition under Section 439 of the Code of Criminal Procedure has been filed by Kuldip Singh, one of the two accused persons.

(3.) Sh. S.S. Gill, Assistant Advocate General, Punjab, has counsel for the petitioner Sh. D.S. Pherumen learned counsel for the Petitioner has submitted;