LAWS(P&H)-2018-8-64

PARAMJIT SINGH @ PAMMA Vs. STATE OF PUNJAB

Decided On August 20, 2018
Paramjit Singh @ Pamma Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) This petition has been filed for the grant of regular bail to the petitioner Paramjit Singh @ Pamma, an accused in FIR No.121 dated 21.6.2017, under Sections 376/342/120-B IPC(Section 365 IPC was added later on), registered at Police Station Dharamkot, District Moga.

(2.) Briefly stated, the facts of the case as per prosecution version are that complainant (name not being mentioned to conceal her identity and referred to as 'the victim'), aged about 24 years, resident of Chak Tare Wala having studied up to 5th class had been involved in a love affair with Balwinder Singh @ Dara son of Surjit Singh, resident of Gatti Jattan for about 3-4 years; that they had filed a petition in this Court seeking protection of their lives and liberty; that on 18.6.2017 at about 8:00 p.m. when the victim had gone to bring water from hand pump installed near her house, then a car was brought to halt near her; that Balwinder Singh @ Dara came out of the car and he caught hold of the complainant from her arm and made her sit on the back seat of the car forcibly; that the car was then driven away; that Dilbagh Singh son of Surjit Singh, brother of Balwinder Singh and Paramjit Singh @ Pamma (present petitioner) were already sitting there; that Paramjit Singh @ Pamma was driving the car; that the car was taken to bank of river, where the victim and Balwinder Singh @ Dara were dropped and car was driven away; that on the next day at about 4:00 p.m., Balwinder Singh @ Dara took the complainant to a room and committed rape on her; that at about 8:00 p.m. Paramjit Singh @ Pamma and Dilbagh Singh came to school premises in a car and picked up the complainant and Balwinder Singh @ Dara, then the complainant was dropped on the road about one kilometer behind the village; that the victim went home and disclosed the entire things to her parents; that it was raining heavily; that the mother of the complainant took her to Civil Hospital, Moga since the victim was suffering from severe pain. In her statement to the police, the complainant victim stated that Balwinder Singh @ Dara had raped her giving her allurement of marriage and in that conspiracy his brother Dilbagh Singh and Paramjit Singh @ Pamma had participated. After registration of the FIR, the investigation in this case started. The petitioner/accused was arrested in this case on 16.1.2018. He had moved an application for regular bail but the same was declined by Additional Sessions Judge, Moga vide order dated 15.5.2018, as such, he has approached this Court with same request.

(3.) Notice of the petition was given to respondent State and counsel representing the State had put in appearance.