SHAMSHER SINGH Vs. STATE OF U.T.

JUDGEMENT

(1.) THIS application has been filed for grant of bail pending trial. Petitioner is in custody since 23.9.2005.

(2.) CASE of the prosecution is that prosecutrix was earlier married to one Gurnam Singh in the year 2001 and the said marriage was dissolved. She was employed with a property dealer and on 21.9.2005 at about 8.45 p.m. when she was standing in front of petrol pump, Sector 22, Chandigarh, an Indica car with three persons came. One of the persons caught hold of her and dragged her inside the car. She was taken to a house in Sector 45 and was raped by all the three persons. Thereafter, she was left on the road. She telephoned the police on No. 100. Subsequently on the same day, supplementary statement was recorded and she was medico-legally examined. During investigation, car bearing No. CH-03-9705 was recovered by the police, which was driven by Sarwan Kumar, who was recognised by the prosecutrix. Thereafter, Sajjan Kumar son of Bachu Yadav was also arrested and identified by the prosecutrix. The petitioner was arrested on 23.9.2005.

(3.) IT is now argued that petitioner has been in custody for more than a year and inspite of the repeated opportunities, prosecutrix was not being examined. On 21.7.2006 notice of motion was issued and thereafter case has been adjourned on 4.8.2006, 11.8.2006, 1.9.2006 and 22.9.2006 at the request of learned counsel for the State to ascertain when prosecutrix was likely to be examined. On being asked today also, learned counsel for the State submits, on the instructions from Inspector Ram Rattan, that prosecutrix was not traceable and therefore, no definite statement could be made as to when the prosecutrix will be examined.