GULZAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER Gulzar Singh, an old person of 85 years of age, son of Sunder Singh, has preferred the instant petition for the grant of concession of regular bail, in a case registered against him along with his sons and co -accused, namely, Amrik Singh, Kashmir Singh and Kuldeep Singh, vide FIR No.39 dated 19.5.2014 (Annexure P1), on accusation of having committed the offences punishable under sections 376, 506 and 120 - B IPC and Section 4 of The Protection of Children from Sexual Offences Act, 2012, by the police of Police Station Bhaini Mian Khan, District Gurdaspur.

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

(3.) PRECISELY , the prosecution, inter -alia, claimed that having divorced her first husband, Rajwinder Kaur, mother of prosecutrix (name intentionally withheld), has performed 2nd marriage with Kashmir Singh, son of the petitioner. She also brought her children from first marriage to the house of her 2nd husband Kashmir Singh. According to the prosecution that petitioner and his three sons Amrik Singh, Kashmir Singh and Kuldeep Singh, have been committing rape with the prosecutrix for the last one year without her consent. It is not a matter of dispute that petitioner is an old person of 85 years of age. He and and his sons have been implicated in this case by the prosecutrix, including Kashmir Singh, 2nd husband of Rajwinder Kaur. It is highly improbable to believe that an old father will join his sons to commit rape with the prosecutrix for the last one year. Moreover, very vague and general allegations are assigned to the petitioner in this relevant connection in the FIR. In that eventuality, possibility of false implication of petitioner cannot be ruled out at this stage.