SUMAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is Crl. Misc. No. 30954-M of 1998 whereby Suman daughter of Shri Zile Singh-petitioner is claiming anticipatory bail in case FIR No. 80, dated 14.4.98 registered under Sections 317/318/304 of the Indian Penal Code at Police Station, Babain, District Kurukshetra.

(2.) THE prosecution case in brief is that on 14.4.1998 at about 4.00 p.m., some people including women came to Ram Kishan Sarpanch of Gram Panchayat of village Bargat Jattan at his house and told him that behind the cattle shed of Sadhu Ram Lambardar, a newly born child was lying abandoned in the wheat field of Balak Ram son of Harkesh near the water course and the cries of the child could be heard. They also told that some woman had thrown the child to conceal its illegitimate birth. Sh. Ram Kishan alongwith people of the village went to that place and found the child lying abandoned there. It was a newly born child. He reported the matter to the police. Case was registered initially under Sections 317/318 of the Indian Penal Code. Child died in the PGI, Chandigarh on 17.4.1998. Offence under Section 304 of the Indian Penal Code was added in consequence of the death of the child.

(3.) LEARNED counsel for the petitioner submitted that the petitioner was earlier on bail and there was no evidence which could be suggestive of the issuance of warrants of arrest against her. It was further submitted that Suman was born on 5.10.1982. She was thus a juvenile on the date of commission of the alleged offence. It was further submitted that she is an immature girl. She became a victim of circumstances. She was raped by Bhima. Case under Sections 317/318/376 IPC was registered against him. She continued to be raped by Bhima. As a result of rape, she conceived and the child was born. Learned counsel for the petitioner also submitted that in our society which is highly conservative and orthodox, nobody would have owned her and the child if she had not abandoned the child and delivered it in normal course. It was submitted that justice should be tempered with mercy so far as she is concerned as she is victim of circumstances due to immaturity and adolescence.