NACHATTER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Heard.

(2.) Learned counsel for the petitioner submits that it is a case of consent. Not only Paramjit Kaur was subjected to sexual intercourse by the petitioner this time but as per her own version, she had illicit relations with the petitioner since before and she had been submitting herself to the petitioner then also. Learned counsel for the petitioner submits that there is no reliable evidence collected during investigation to show that she was less than 16 years at the time when she was allegedly abducted on 26.9.1998. He submits that her radiological age as per the report of the Radiologist ranges between 17/19 years. She gave 18 years as her age when she was medically examined by the doctor. She gave her age as 14 years before the Magistrate when her statement was recorded by him under Section 164 Cr. P.C. He submits that no date of birth is coming from the record of Chief Medical Officer, Amritsar showing that she was less than 16 years at the time of alleged abduction. As to what was her age at the time of abduction, that is a point to be adjudicated at the trial. As to whether it was or was not a case of consent that is also to be adjudicated at the trial.

(3.) Looking to all the facts and circumstances of the case, I feel bail should be allowed to the petitioner. So bail to him to the satisfaction of Chief Judicial Magistrate, Amritsar.