DALJIT KAUR Vs. JASBIR SINGH

JUDGEMENT

(1.) THIS is a petition filed by Daljit Kaur under Section 439(2) of the Code of Criminal Procedure for cancellation of bail of respondents 1 and 2 granted by the learned Additional Sessions Judge, Jalandhar on 19.1.1995.

(2.) PETITIONER Daljit Kaur had filed a complaint against the respondents and others with respect to the offences punishable under Sections 363/366/376/302/201 read with Section 34 Indian Penal Code. She asserted that Smt. Gurmito belonged to her village and is married in village Bule. The mother of the petitioner also belonged to the same village and is married at village Bule. The petitioner, therefore, knew Gurmito and call her as aunt. In the first week of October, 1993 at about 6.00 a.m. when the petitioner was carrying fodder for the cattles and was near the house of Gurmito, she was called by Gin mito on the pretext of serving tea. The petitioner entered the house, Gurmito bolted the door and called respondents 1 and 2 besides one Guli. She was raped. Thereupon Gurmito asked the other accused persons (respondents) to take the petitioner to an unknown place so that the matter could be hushed up. At night she was taken in a Maruti car. She was threatened that if she raised an alarm, she would be done to death. At that time Jasbir Singh was armed with Kirpan while Jaspal Singh with a pistol. She was confined in a house stated to be belonging to the brother-in-law of Jasbir Singh and Jaspal Singh. She was kept there and was raped more than once. In the last week of April, 1994 she was brought to the house of Gurmito where she gave birth to a child. Accused Gurmito in connivance with her co-accused killed the said child who was disposed of somewhere. She was threatened of dire consequences. Her signatures were obtained on blank papers. When petitioner reached the house of her father, at that time Gurmito had made an extra-judicial confession and begged pardon in presence of others.

(3.) APPREHENDING arrest the respondents prayed for anticipatory bail.