MOHAN SINGH AND ORS. Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE challenge in the present petition is to the order dated October 18, 2007 passed by learned Sessions Judge, Bathinda in application filed by the prosecution under Section 319 of the Code of Criminal Procedure for summoning of the petitioners.

(2.) LEARNED Counsel for the petitioners submitted that the FIR No. 117 dated November 9, 2006 out of which present proceedings arises was registered under Sections 366, 376 IPC at Police Station, Dialpura on a complaint filed by Surjit Singh on November 9, 2006 at 6.05 PM with the allegations that her daughter Karamjit Kaur aged about 20 years was abducted by Jaswinder Singh son of Mohan Singh resident of Bhagta Bhaika while she had gone out of her house to throw the garbage after feeding the cattle on the roori. She was abducted in white Zen Car bearing No. DL -2CN -4040 on November 5, 2006 at about 3.00 P.M. and whereabouts of her are unknown. After the registration of the FIR, Karamjit Kaur was recovered and on November 10, 2006 her statement was recorded by the Police wherein she stated that when she went out of the house to throw garbage, in the meantime, Jaswinder Singh son of Mohan Singh came in his Zen car out side her house and made her to sit forcibly in the car. Jaswinder Singh took her to Sarai of Amritsar Gurudwara Sahib and under threat kept on committing rape without her consent.

(3.) AFTER the challan was put in before the Court, statement of Karamjit Kaur was recorded wherein in addition to the earlier statement made before the Police on November 10, 2006, she stated that on November 6, 2006, Jaswinder Singh locked her in room and went away for quite some time. When Jaswinder Singh returned back he was accompanied by his father Mohan Singh, uncle Ram Singh s/o Pritam Singh r/o village Aklia Jalal and Gurjant Singh father in law of his sister and Mahasta Singh nephew of brother in law of accused Jaswinder Singh and uncle of brother in law of accused, Chamkaur Singh. Then they all took her to village Tharaj wala Distt. Mukatsar. There they threatened her and took away her ear rings. There mother of accused Jaswinder Singh namely Paramjit Kaur and one Jagmohan Singh member panchayat of village Tharajwala were present. They also threatened her and told her that she should describe Surjit Singh and Harbans Kaur were not her parents and she should describe them as her uncle and aunt.