NIRMAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner by way of present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure prays for grant of ten days parole to him from 10.03.2015 till 20.03.2015 for celebrating the marriages of his niece Rajwinder Kaur and nephew Malkeet Singh, which are to be solemnized on 12.03.2015 and 14.03.2015 respectively.

(2.) THE petitioner has been convicted by the learned Special Judge, Sri Muktsar Sahib, vide judgment and order dated 15.12.2014, for the offences punishable under Section 376 -D of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012. He has been sentenced to undergo rigorous imprisonment for 20 years, besides, pay a fine of Rs. 25,000/ - and in default thereof to undergo imprisonment for a period of one year for the offence under Section 6 of Protection of Children from Sexual Offences, Act, 2012 and no sentence has been passed under Section 376 -D of Indian Penal Code in view of the greater degree of sentence passed under Section 6 of Protection of Children from Sexual Offences, Act, 2012.

(3.) THE temporary release on parole has been sought on the ground that the petitioner is maternal uncle of Rajwinder Kaur and Malkeet Singh respectively, whose marriages are to be solemnized on 12.03.2015 and 14.03.2015. It is stated that the presence of the present petitioner is necessary for performing their marriages being their maternal uncle. Joint invitation card (Annexure P1) regarding marriage of Rajwinder Kaur and Malkeet Singh is placed on record. Sister of the petitioner namely Sukhdeep Kaur, her daughter Rajwinder Kaur and son namely Malkeet Singh have deposed affidavits dated 7.02.2015 (Annexures P2 to P4) giving undertakings that if the petitioner is released on parole there would be no harm to peace and harmony in the area. We have given our thoughtful consideration to the matter. It may be noticed that the affidavits (Annexures P2 to P4) that have been deposed by Sukhdeep Kaur, Rajwinder Kaur and Malkeet Singh respectively were deposed on 7.02.2015 i.e. almost a month earlier.