DALWINDER SINGH ALIAS KALU Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HEARD . This is the second bail application moved by the petitioner as earlier his bail application seeking bail was withdrawn.

(2.) ON April 27, 1999, Balwinder Kaur was returning from the fields at about 2.00 P.M. When she reached near the Canal, Balwinder Singh alias Kalu (petitioner) met her near the fields of Karam Singh and asked he as to from where she was coming. He caught hold of her from the arms and took her into the sunflower fields, where she was raped. She tried to raise alarm, but the accused-petitioner threatened her with dire consequences. Even then she raised alarm, which attracted Paramjit Singh and Dharminder. On seeing them, the accused-petitioner ran away from the spot.

(3.) THE reason for filing the second bail application as stated by the learned counsel for the petitioner is that after the examination of Dr. Jagdish Singh Saini (P.W.1) during the trial, it is not the case of rape rather it suggest the consent of the prosecutrix. Similarly, Balwinder Kaur, prosecutrix, has also been examined and her statement is also sufficient to extend the concession of bail to the petitioner.