AMARJIT SINGH VIRK Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE epitome of the facts, which needs a necessary mention for the limited purpose of deciding the instant petition for regular bail filed by the petitioner and emanating from the record, as claimed by the prosecution, is that the prosecutrix, aged 31 years, (name withheld) has two children, elder is daughter of about seven years and younger is the son of about five years. Her husband is running a private Zym. She was a Kabaddi player. During the course of Kabaadi match in Dusshera ground, Phase 7, Mohali, she came in contact with the petitioner and accepted a cash reward from him. Again, she met him in PGI Chandigarh and he offered to help in the treatment of her mother-in-law. She again called him to arrange a bed in PGI for her mother-in-law. She was stated to have paid Rs. 1,50,000/- to him to arrange Visa of Canada or Australia for her. Thereafter, they kept repeatedly talking on phone.

(2.) THE case of the prosecution further proceeds that on 13.7.2011, the prosecutrix met the petitioner in Sector 17, Bus Stand, Chandigarh. He made her to sit in a car and took her to some bank situated in Sector 17 and thereafter took her to HDFC Bank, Sector 9, Chandigarh. Subsequently, they came to his factory situated at C140, Phase 7, Industrial Area Mohali in his car. They had their meals together there. It was claimed that thereafter petitioner took her in a room adjacent to his office. He forcibly removed her trouser and committed rape on her at pistol point. Thereafter, petitioner made her to sit in the car and dropped at Bus stand, Phase 8, Mohali. She informed her relative Kuldeep Singh alias Ladi, who got her medically examined from Government Hospital, Mohali even before registration of the FIR. Subsequently, she made the statement to the police. In the background of these allegations and in the wake of statement of prosecutrix, the present case was registered against the petitioner, vide FIR No.88 dated 13.7.2011 (Annexure P5), on accusation of having committed the offences punishable under sections 376, 420, 506 IPC and sections 25 & 27 of the Arms Act IPC by the police of Police Station Phase 1, Mohali, in the manner depicted here-in-above.

(3.) NOTICE of the petition was issued to the State.