Gurdev Singh, J. - (1.) THE Petitioner -accused, Yadwinder Singh, has filed this petition under Section 439(1) of the Code of Criminal Procedure for the grant of regular bail for the offences under Sections 376/34 and 201 IPC, for which he is standing his trial before the Additional Sessions Judge, Ropar and in respect of which FIR No. 62 dated 22.5.2008 was registered in Police Station, SAS Nagar, Mohali.
(2.) IT has been contended therein that the Petitioner has been falsely implicated. In fact, Gurvinder Kaur, prosecutrix, was having love affair with one Saleem, who was summoned as an additional accused after application was filed under Section 319 Code of Criminal Procedure The prosecutrix with the help of that Saleem, committed the murder of her mother in respect of which FIR No. 61 dated 22.5.2008 was registered in Police Station, Kurali. The statement of the prosecutrix has also been recorded during the trial and she had not implicated him. He is coming in custody since May, 2008 and is entitled to be released on bail. The said FIR was registered on the basis of the statement of the prosecutrix. She came out with the version that on 21.5.2008, her father had gone to the place of his duty at 2 -00 p.m. At 8.30 p.m., a telephone call was received on the land line telephone, which was attended by her mother Kamaljeet Kaur. On account of the apprehension that the said call was meant for her. Her mother entered into a verbal quarrel with her. When at about 10 -00 p.m., her mother was going to lock the outer door of the house, she took out her chuni and strangulated her mother to death. Taking advantage of the darkness, she escaped from the house and went to Vidya Mandir School. At about 10.20 p.m., a car came from the side of Block Majri and she gave signal to stop that car. She asked the occupants of that car that she wanted to go to Khizrabad and she was allowed to sit in the same. At that time the car was being driven by the present Petitioner and Jaswinder Kumar was sitting on the rear seat thereof. They took her to a shop in the bus stand of Block Majri. She was made to sit in the cabin of that shop where she was raped by the present Petitioner and Jaswinder Kumar one after the other. Thereafter, she was removed to different places and was ultimately left at the bus stand of Kurali. After the challan was presented in the Court, this Petitioner was charged for the offence under Section 376 IPC and the statement of the prosecutrix was recorded as PW -4.
(3.) THE prosecutrix did not support the prosecution case in the court so far as the present Petitioner is concerned. She stated that she was raped by two persons in the shop at Block Majri but did not name those accused nor she identified the present Petitioner as one of the accused, who so raped her.;