SUKHVINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is Cr1. Misc. Petition No. 21718-M of 1997 filed by Sukhvinder Singh whereby he has prayed to this Court for the grant of anticipatory bail to him in case F.I.R No. 69 - dated 26-8-1997 under Sections 363/ 366/ 376/ 34/ 120 - B of the Indian Penal Code of Police Station City Faridkot.

(2.) According to the prosecution, Labh Singh son of Kapur Singh has one son and two daughters. His son Gurjant Singh is aged about 23 years and is married. His daughter Jasbir Kaur, younger to Grujant Singh aged about 20 years is also married. Manjit Kaur is the youngest daughter of Labh Singh. She is aged about 16 years. She passed matriculation examination as a private student in the year 1997. Satnam Singh (non - petitioner), his mother Smt. Majit Kaur aliaTs Chhinder Kaur and Rajwinder Singh. Ex. SPO, who was known to Satnam Singh became on visiting terms with Gurjant Singh. On 18-8-1997, Labh SinghTs daughter-in law Charanjit Kaur was admitted at G.G.S. Medical College, Faridkot. All the members of the family of Labh Singh were in the hospital in connection with her treatment. His daughter Manjit Kaur was alone at the house. When they returned to their house at about 4.00 P.M. Manjit Kaur was found missing. They enquired the neighbours and their relatives about the whereabouts of Manjit Kaur, Labh Singh suspected that Majit Kaur alias Chhinder Kaur and Rajwinder Singh, Ex-SPO, and they had taken her with them. Labh Singh also suspected Sukhvinder Singh, Sarpanch (petitioner) of village Jogowala, Police Station Makhu, who is their relation to have backed them in the enticement of Manjit Kaur by them.

(3.) Labh Singh reported the matter to the police. On 26-8-1997, case F.I.R. No. 69 (ibid) was registered. It has been submitted by the learned counsel for the petitioner that Manjit Kaur was a girl aged 19 years at the time of her socalled abduction. She wilJingJy married Satnam Singh. She appeared before the Magistrate at the time when Satnam Singh was produced for remand before the Magistrate that sue had willingly married Satnam Singh. At the time when she filled form for appearing in the matriculation examination held in March. 1996, she gave her date of birth as 7-9- 1980. Ossification test performed on her shows that she could be between 15-19 years. In the register of Births and Deaths, Manjit Kaur is shown to have been born on 9-7 -1978. It is to be determined at the trial whether she was above or less than 16-18 years at the time of her alleged abduction and rape. She appeared before the Magistrate in the complaint filed under Section 323 of the Indian Penal Code where she stated to have willingly married Satnam Singh. She gave her age as 19 years old. In her statement recorded under Section 164 of the Code of Criminal Procedure by the Magistrate Manjit Kaur stated her age as 19 years. She also stated that she had voluntarily contracted marriage with Satnam Singh. Manjit Kaur was recovered on 3-9-1997 along with Satnam Singh. It has been submitted that only the evidence led at the trial will reveal whether she willingly eloped with Satnam Singh and married him willingly or Satnam Singh abducted her and forced her into marriage.