KASHMIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) For the sake of brevity, facts are being extracted from CRR-3060- 2018 as both of the above-mentioned petitions pertain to similar facts and circumstances and are challenging the same order dtd. 5/7/2018.

(2.) Brief facts of the case are that the FIR (supra) was registered upon a written complaint made by Sukhwinder Singh, wherein, it was alleged that Nishan Kaur @ Shani, Jagbir Singh and Kashmir Singh @ Bittu along with two other co-accused, undressed his minor daughter aged 11 years when she was alone at home on 15/6/2016. The said accused also touched her private parts and clicked her naked photographs and also recorded her obscene video. When the complainant came home, the accused, upon hearing the sound of his motorcycle, started to flee while threatening him and his family with death.

(3.) In consequence of the FIR (supra), the concerned police arrested co-accused Pardeep Singh @ Happy and Surjit Singh on 20/7/2016 and after completion of investigation, final report under Sec. 173 Cr.P.C. was presented against them. Qua the present petitioners, the pending investigation was completed and a supplementary challan was filed against Nishan Kaur @ Shani, Jagbir Singh and Kashmir Singh @ Bittu, wherein, it was recorded by the investigation agency that the aforesaid petitioners were found to be innocent and thereby, not charge-sheeted.