AMARJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C. filed by Amarjit Singh whereby he has prayed that the investigation of case FIR No. 63 dated 20.8.1996 registered under Sections 363, 366, 376, 342, 368 IPC at PS Balachaur relating to the commission of rape upon his daughter Radhika aged 12 years by Balkar Singh son of Gulzar Singh and Bhag Singh son of Kartar Singh, Sarpanch, Gram Panchayat Paniali Kalan be handed over to the CBI or some other independent agency or some senior police officer of IPS rank.

(2.) IN the statement of Radhika, prosecutrix on the basis of which his FIR was registered, is imputed the commission of rape on her by Balkar Singh and Bhag singh, Grievance of Amarjit Singh who claims to be husband of Radhika's mother, Santosh Kumari is that Radhika was raped by Balkar Singh and Bhag Singh, Sarpanch of gram panchayat Paniali Kalan and the case is not being investigated by the local police impartially and with a view to bring to book the perpetrators of the crime against Radhika and her parents.

(3.) INVESTIGATION agency is only to collect evidence. After the collection of evidence, they are required to put in the challan if prima facie evidence appears disclosing the commission of offence against the accused. Investigation agency may not challan the accused if in their opinion no worthwhile evidence has appeared against the accused. Evidence collected by the investigating agency will be scrutinized by the Court. If only Balkar Singh is challaned, the prosecutrix/State can make an application to the Magistrate under Section 319 Cr.P.C. that prima facie evidence has appeared against persons other than Balkar Singh also and they should also be arraigned. After considering this application of the prosecutrix/State, the Magistrate shall pass a speaking order. Assuming that the Magistrate does not agree to commit persons other than Balkar Singh to the Court of Sessions, the prosecutrix is not rendered without a remedy. The prosecutrix can move the court of Session under Section 319 Cr.P.C. that such and such person may also be arraigned for trial before it and their complicity in the commission of the offence appears from the evidence on record. Section 319 Cr.P.C. reads as follows :-