K.S.KUMARAN, J. - (1.) F .I.R. No. 57 dated 27.6.1999 has been registered at Police Station Nehianwala under Sections 354, 376, 374 I.P.C. and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1969 (1989 ?) on the statement of Manjit Kaur wherein the following allegations are found :-
(2.) THE complainant's daughter Shamboo alias Baljinder Kaur aged 13 years is working in the house of Malkiat Singh (petitioner). On 18.6.1999 Shamboo alias Baljinder Kaur (hereinafter to as Baljinder Kaur) went to Malkiat Singh's house at 11 a.m. for working. There was nobody in the house except Malkiat Singh, who called Baljinder Kaur to his room, caught hold of, threw her on the bed, fondled her brests and kissed her inspite of her protest. On hearing her alarm, Malkiat Singh's servant Gurpreet Singh came there. On seeing him Malkiat Singh left Baljinder Kaur. But complainant-Manjit Kaur addressed a complaint to the Deputy Commissioner, Bathinda, that Malkiat Singh started misbehaving with Baljinder Kaur and fondled her private parts. She has also stated therein that on 20.6.1999, Baljinder Kaur had gone to the house of Malkiat Singh, when no other member of Malkiat Singh's family was present there, Malkiat Singh committed rape on Baljinder Kaur. She has further stated that Malkiat Singh threatened the complainant that she should not report the matter or else she will be killed. She also stated that on 23.6.1999, she along with Baljinder Kaur went to an Advocate, who got an order from the Judicial Magistrate Bathinda, for the medico-legal examination, but, the lady Doctor Thukral, refused to examine her medically. According to the complainant on 24.6.1999 also the said Doctor refused to examine Baljinder Kaur. The complainant- Manjit Kaur also stated that on 25.6.1999 once again (she) moved an application, got an order, and Baljinder Kaur was examined by three Doctors at the Civil Hospital, but copy of the report was not given. The complainant has also alleged that Malkiat Singh is influential and rich man, and also Lambardar of the village and, therefore, police and doctors are helping him. The petitioner's application for bail was dismissed by the learned Special Judge, Bathinda, and, therefore, the petitioner has approached this Court under Section 439 Cr.P.C. for bail.
(3.) I have heard the learned counsel for both the sides and perused the records on file.;