LAWS(P&H)-2013-5-565

KIRANDEEP KAUR Vs. STATE OF PUNJAB

Decided On May 20, 2013
KIRANDEEP KAUR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) The conspectus of the facts and material, culminating in the commencement, relevant for deciding the instant petition for anticipatory bail and emanating from the record, as claimed by the prosecution, is that, petitioner-accused Kirandeep Kaur, her other co-accused & husband Randhir Singh son of Beant Singh and Satnam Singh son of Ajaib Singh had previously enticed away and committed rape on Amrit Pal Kaur, niece of complainant Gurbhej Singh alias Baljinder Singh son of Surjit Singh (for brevity "the complainant"). A criminal case was registered against them, vide FIR No.79 dated 22.7.2010, on accusation of having committed the offences punishable u/ss 363, 366-A, 376 and 120-B IPC by the police of Police Station Jaito, District Faridkot. Consequently, they were convicted & sentenced to undergo rigorous imprisonment for a period of ten years and undergoing the sentence in Faridkot Jail.

(2.) Having availed the benefit of parole, the petitioner and her other co-accused came to village Kareerwali and had threatened Amrit Pal Kaur with dire consequences that now they had come out of the jail and would teach her a lesson as to how to get registered a criminal case against them. They used to humiliate her by doing illegal acts here and there. Amrit Pal Kaur had narrated her tale of woe to the complainant and intended to commit suicide on account of mis-behaviour of the accused.

(3.) Sequelly, the complainant further claimed that on 15.9.2012, she (Amrit Pal Kaur) committed suicide and petitioner & her other coaccused abetted the commission of crime. In the background of these allegations and in the wake of statement of the complainant, the present case was registered against the petitioner and her other co-accused, by way of FIR No.93 dated 16.9.2012 for the commission of an offence punishable under section 306 read with section 34 IPC by the police of Police Station Jaitu, District Faridkot in the manner indicated here-inabove.