GURBAX KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER ­ Gurbax Kaur has applied for grant of anticipatory bail in FIR No. 39 dated 25.4.2013, under sections 376, 366, 120-B, 323, 34 IPC, registered at Police Station Garshankar, District Hoshiarpur. As per allegation of the prosecution, law was set in motion by recording the statement of prosecutrix. She has stated that she was doing house hold work. They are three sisters and three brothers. She used to stay with her parents at village Chalpur. Sulakhan Singh and his parents Sohan Singh and Gurbax Kaur came to them and told her parents to get the prosecutrix married as they need a child. The parents of the prosecutrix said that prosecutrix is minor and they said that they will marry her when she will become major. It is further alleged that Sulakhan Singh developed physical relations with prosecutrix and used to do sex with her daily. Thereafter, Gurbax Kaur applicant, asked the prosecutrix to have sexual intercourse with Sohan Singh. Sohan Singh had also sex with prosecutrix against her wishes. Prosecutrix became pregnant. Thereafter, Sulakhan Singh told her that they will give her money and she should go back to her parents. On 24.4.2013 Gurbax Kaur applicant and her daughter-in- law Sukhwinder Kaur, who was first wife of Sulakhan Singh gave her beatings and turned out of the house.

(2.) COUNSEL for the petitioner has submitted that real mother of Sulakhan Singh is one Bhajan Kaur. Petitioner is resident of U.K. and has been falsely implicated. It is further contended that the petitioner is aged about 75 years and false case has been registered against her. The learned State counsel has opposed the prayer and has submitted that Bhajan Kaur and petitioner Gurbax Kaur are the real sisters. She has forced the prosecutrix to have sex with her husband. Petitioner is not entitled to the concession of anticipatory bail.