GURMIT SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have been summoned as additional accused under Section 319 Cr.P.C. to face trial along with Sukhjivan Singh in a case registered at the instance of complainant Rajni Bala alleging that she was engaged to Sukhjivan Singh and was physically abused on number of occasions by him. The petitioners had allegedly, on 31.08.2013, made an attempt to kidnap the prosecutrix. Taking the said circumstance to be connected with offence under Section 376 I.P.C., the petitioners were summoned to be tried along with the main accused for offence of rape. Petitioners approached this Court to challenge the order under Section 319 Cr.P.C. but they were directed to avail the remedy by raising all the pleas before the trial Court at the time of framing of the charges requiring the trial Court to pass a speaking order. Vide order dated 31.05.2014, the learned Additional Sessions Judge Kapurthala has passed a speaking order observing that it is clear that the petitioners in one way or the other have conspired with Sukhjivan Singh and they were having a meeting of minds before the commission of crime as such prima facie case for offence punishable under Section 376 I.P.C. read with Section 120-B I.P.C. is made out against the petitioners.

(2.) The aforesaid observation is apparently contrary to the material available on record in report under Section 173(2) Cr.P.C.

(3.) I have gone through the statement of prosecutrix made in the Court on oath, Annexure P-10, wherein the incident on 31.08.2013 has been mentioned when the present petitioners along with Sukhjivan Singh had forcibly entered in the gas agency where she was working and started doing obscene acts with her. The co-accused of the petitioner Sukhjivan Singh had asked the petitioners to do whatever they like with her.