SONU Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) THIS petition has been filed against the order summoning the petitioner under Section 319 Cr.P.C. As per the allegations in the F.I.R., the prosecutrix was repeatedly raped by Sandeep and Raj Kumar alia Rajesh. Subsequently, when the petitioner and Pawan came to know about this, they used to whistle at her and some time caught her hand and some time pulled her chunni.

(2.) LEARNED counsel for the petitioner has argued that the petitioner cannot be tried along with the main accused because the action attributed to him constitutes a completely different transaction and different offences. As per him, only those persons who are covered within the parameters of Section 223 of the Cr.P.C. can be tried and charged jointly. Section 223 of the Cr.P.C. is in the following terms: -

(3.) LEARNED counsel has also relied upon Amar Singh and another v. The State reported as : AIR 1954 Punjab 106 wherein their lordships held as follows: -