SUKHPAL KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER -complainant has filed this petition under Section 439(2) Cr.P.C. for cancellation of the bail granted to respondent No. 2 by the Sessions Judge, Bathinda, vide order dated 1.10.1997.

(2.) BRIEF facts of the case are that on 3.9.1997 at 1.00 P.M., petitioner was admitted in a private hospital run by respondent No. 2 at Talwandi Sabo. At that time she was having pregnancy of six months and was complaining of bleeding. On the night of 3.9.1997 accused-respondent No. 2 forcibly raped her and whisked away from her room. On 4.9.1997, petitioner was removed to Civil Hospital, Talwandi Sabo where she was examined by the Doctor. On 4.9.1997 at 2.10 P.M., petitioner's statement was recorded on the basis of which offence under Section 376 IPC was registered against the respondent- accused. On 4.9.1997, petitioner was admitted in Primary Health Centre, Talwandi Sabo. The Doctor opined that it is a mishandled case of incomplete abortion. Due to her deteriorating condition, she was referred to Civil Hospital, Bhatinda at 3.30 P.M. for further treatment. She alleged that due to rape committed on her by the accused-respondent, her six months pregnancy was terminated and the dead foetus was expelled from her body at 8.00 a.m. on 5.9.1997. She was discharged from the Hospital on 9.9.1997. Respondent- accused was released on bail by the learned Sessions Judge vide his order dated 1.10.1997.

(3.) RESPONDENT -accused has filed reply and has denied all these allegations. He has also produced certain documents, Annexures R/1 to R/5 to show that the story of rape is palpably false. He has also pleaded that Shri Brij Mohan Sharma, DSP (D) has held an enquiry to find out whether the complaint lodged against the accused-respondent is false or not.