- (1.) Jaswant Kaur alias Sukhwant Kaur has brought this revision petition under the provisions of section 401 Cr.P.C. questioning the legality of the order dated 1.3.2012 passed by learned Additional Sessions Judge, Sangrur vide which the petitioner has been summoned to stand trial as an accused alongwith Dharam Pal Singh and Gurpreet Singh alias Guri for an offence punishable under section 376 read with section 120-B and section 328 IPC. It is necessary to notice the facts, in brief, for deciding this revision petition.
(2.) The prosecutrix is the daughter of Harnek Singh. She was born on 22.6.1995 and has been a minor on the date of incident. Her family consisting of her parents and brother has been living in a house taken on rent. On 18.1.2010, all the family members went to village Nagra to attend the function of Lohri at the house of her father s sister. The prosecutrix was alone in the rented accommodation. The said accommodation belonged to Jaswant Kaur alias Sukhwant Kaur, the petitioner, who was living with her family in a portion of that house itself. Sukhwant Kaur came to the prosecutrix on that day and told her that she had prepared tea. She asked the prosecutrix to come to her room to take the same. The prosecutrix agreed to her offer and went to her room. At that time, Dharam Pal Singh and Gurpreet Singh were also there in that room. After taking tea, the prosecutrix started feeling giddiness. In the meantime, Sukhwant Kaur left the house and the prosecutrix was forcibly lifted by Dharam Pal Singh and Gupreet Singh into a truck bearing registration No. PB-13C-4579, which was parked at its usual place. The truck belonged to Mana alias Sharma, who is a friend of the accused. Father of said Mana has died. The prosecutrix was made to lie in the said truck. She tried to raise alarm many times, but the accused kept their hands on her mouth. They also threatened her of being thrown in a canal after killing her if she opened her mouth. She got scared due to this threat. Then they forcibly removed her slawar and committed rape with her many times. This all started at about 8.00 PM in the night and they left the prosecutrix at her rented accommodation at about 2.00 AM and went away after threatening her of killing her and family members if she disclosed the incident to any one. During the course of occurrence, her clothes were stained with blood. On 19.1.2010, when her family members returned, she narrated the incident to them. Neither the prosecutrix nor her family members disclosed this incident to any one afraid of being dishonoured before the public. On 20.1.2010, she, however, went to the Police Station, Bhawanigarh with her parents for making a complaint. The police asked them to return to their house quietly telling them that they would not take any action against the culprits. So, a complaint was made on 21.1.2010 before learned Chief Judicial Magistrate, Sangrur, who had sent the same to the concerned police station under the provisions of section 156 (3) Cr.P.C. and the case was registered.
(3.) After the usual investigation, the police presented challan against Dharam Pal Singh and Gupreet Singh and finding Jaswant Kaur alias Sukhwant Kaur to be innocent, placed her name in column No. 2 of the challan.;