KULDIP KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) APPREHENDING her arrest in execution of process issued by the Judicial Magistrate Ist Class, Ajnala in a private complaint captioned "Gurdeep Singh Vs. Rajwinder Singh and another" for offence under Sections 376, 120B of the Indian Penal Code, Kuldip Kaur -petitioner has approached this Court for grant of bail in anticipation of arrest.

(2.) MR .Param Preet Singh Paul, DAG, Punjab assisted by Mrs.G.K.Mann, counsel for the complainant has put in appearance on behalf of the respondent. Counsel for the petitioner would contend that on the same allegations, FIR No.104 dated 05.10.2012 was registered at Police Station Ramdas against Rajwinder Singh @ Raja and the present petitioner. During investigation, the petitioner was found innocent and charge sheet was submitted against Rajwinder Singh @ Raja who is facing trial before the Juvenile Justice Board at Amritsar. Rajwinder Singh @ Raja was granted bail by the Court of Sessions at Amritsar. It is further submitted that the petitioner has been implicated in the crime on the allegations that on

(3.) A perusal of the allegations in the complaint would reveal that there is no reference to the time when the complainant and his wife visited the house of the petitioner as their daughter did not return. It is also not the plea of the complainant that the petitioner was present in the house at the time when the victim and Rajwinder Singh @ Raja were found in the same room. As per medical examination of the victim, the hymen was found intact and there was no bleeding present as per P/V findings. The petitioner was found innocent during investigation of FIR No.104 dated 05.10.2012 and the challan has been presented only against Rajwinder Singh @ Raja. As the petitioner is mother of five children, both males and females, the main accused being her adopted son sounds unnatural. The petitioner has been summoned in a private complaint, thus, her custodial interrogation is not required, when otherwise, she is ready to face trial without any default.