VIPAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS petition filed under Section 438 Cr.P.C. prays for grant of pre-arrest bail to the petitioners in case FIR No. 71 of 9.11.2003 P.S. Khemkaran Karan, Tarn Taran under Sections 376/342/506 IPC and also in pursuance to the order dated 25.5.2004 passed by the ld. Addl. Sessions Judge. The ld. Addl. Sessions Judge in his order dated 25.5.2004 has observed that the prosecutrix has levelled incriminating allegations against the petitioners Vipin Kumar, Ramandeep Singh and Sarbjit Singh although these persons were found to be innocent by the police during investigation. The prosecutrix categorically stated that the accused-petitioners committed her rape turn by turn. On that basis, the petitioners have been summoned under Section 376(2)(g) of the Code by the ld. Addl. Sessions Judge vide order dated 25.5.2004. The statement of the prosecutrix has also been placed on record as annexure P.3. Thereafter petitioners filed application for pre-arrest bail under Section 438 Cr.P.C. which has been rejected by the ld. Addl. Sessions Judge on 30.8.2004 by observing that it is not the discretion of the police to declare any person innocent. Moreover, the prosecutrix was not associated with the investigation. It was further observed that the petitioners were involved in a serious case of gang rape and no lenient view can be taken by granting them pre-arrest bail.

(2.) WHEN the case came up for consideration before this Court, the learned counsel for the petitioner had taken time to place on record statement of the prosecutrix. Learned counsel has placed on record statement of the prosecutrix dated 25.5.2004 which in fact is already on record as Annexure P- 3. He has also placed on record matriculation certificate of the prosecutrix showing her date of birth to be 18.12.1987.

(3.) FOR the reasons recorded above, this petition fails and the same is dismissed. Petition dismissed.