GURMEJ SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition that has been filed under Section 167 (2) of the Code of Criminal Procedure for grant of regular bail to the petitioner in case FIR No. 84 dated 28.4.2017, under Section 376-D, 120-B/323/457 IPC and Sections 3,4,6 of the Protection of Children from Sexual Offences Act, 2012 registered at Police Station Sadar Ferozepur.

(2.) The aforesaid FIR came to be registered at the instance of the prosecutrix, who alleged that on 27.4.2017, in the afternoon, her mother had gone to the house of her uncle Balwinder Kumar Sharma for some work and she and her younger brother, who is about 12 years old, after having their dinner went to sleep in their house. At about 11.30 p.m., the petitioner, who belong to the village of the prosecutrix, climbed the wall of the house of the prosecutrix and put his hand on her face and dragged her through the stairs to the roof of the house, where Balkar Singh, Meetu and Shingara Singh were already present. Thereafter, Balkar Singh caught her by her arms, Meetu covered her mouth with his hands and slapped her and Gurmej Singh forcibly removed her clothes (salwar) without her consent and raped her. On this, she shouted loudly which attracted her neighbour, namely Shinder Kaur and her husband Gurmeet Singh, to the spot and on seeking them, all the accused fled from the spot.

(3.) Co-Accused Balkar Singh and Shingara Singh were arrested and after investigation, challan was presented against them under Section 173 of the Code of Criminal Procedure on 29.8.2017. However, the petitioner and co-accused Meetu @ Gurmit Singh were not arrested and eventually they were declared proclaimed offenders on 18.12.2020. As a result of which, the challan was not presented qua these two accused.