RAMA KESHI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of the aforesaid two petitions under Section 439 Cr.P.C. for grant of regular bail filed by Rama Keshi and Amarjit Kaur @ Lovely as the same have arisen from common FIR No.37 dated 23.03.2019 under Sections 376-D, 506, 342 and 120 IPC and Sections 3, 4, 5 and 6 of the Immoral Traffic Act registered at Police Station Kotwali Bathinda, District Bathinda.

(2.) However, for convenience and clarity, the detailed order is being passed in CRM-M-33825 of 2019 titled as Rama Keshi v. State of Punjab.

(3.) Learned counsel for petitioner Rama Keshi has argued that apart from the fact that the petitioners are in custody since 24.03.2019 and 23.03.2019 respectively, the allegations against petitioner Rama Keshi are that on 19.01.2019 at about 12.30 P.M., Rama Keshi daughter of Amar Keshi, who is friend of the prosecutrix, had come to the house of the prosecutrix and offer her that she will arrange for a job for her in a call centre at Chandigarh, where she is already working and knows many persons there. On her asking, the prosecutrix after taking necessary documents visited the house of Rama Keshi and after staying for some time in her house, petitioner-accused Rama Keshi took her to the house of Amarjit Kaur, co-accused. On asking of petitioner-accused Rama Keshi, the prosecutrix started living at the house of petitioner-accused Amarjit Kaur and started working there. The accused were keeping the prosecutrix in their house, but she was not allowed to go out of the house. On 1-2 February, 2019, Jassi and Shahrukh came to the house of Amarjit Kaur in a car. These accused took the prosecutrix, Amarjit Kaur and Rama Keshi to Krishna Continental Hotel at about 11.30 P.M., where Ali and Vicky, other accused, were already there. They booked two rooms in the hotel. Thus, all of them had gone to one room, where party was started and they all consumed liquor. Even the prosecutrix was also forced to take liquor. Thereafter, Ali took the prosecutrix to the other room, where he established physical relationship with her against her wishes. After that, other co-accused, namely, Shahrukh, Vicky and Jassi also made physical relations with her turn by turn against her wishes. Petitioners-accused Rama Keshi and Amarjit Kaur were aware of it. Thereafter, the prosecutrix was taken to the house of Amarjit Kaur in a car, where she was threatened not to disclose about the occurrence. Thereafter, Avtar Singh, Azad, Pappu, Shinda and other unknown persons visited the house of accused Amarjit Kaur on different days and forcibly made physical relations with the prosecutrix against her wishes.