JUDGMENT

JASWANT SINGH, J. — This appeal by special leave is directed against an order dated the 29th September, 1975 of the Punjab and Haryana High Court at Chandigarh directing prosecution of the appellant for an offence under S. 193 of the I. P. C. and asking the Registrar of the Court to lodge a complaint in respect of the aforesaid offence in the court of competent jurisdiction.

2. The circumstances giving rise to this appeal are : On the basis of recovery of the dead body of a minor girl of fourteen or fifteen years of age named Kaushalaya Devi from the residential house of one Bhajan Lal aged 35 years, resident of Abohar (hereinafter referred to as the accused) on the night between the 14th and 15th of March, 1973 when his wife and children were away, the accused was tried for the murder of and rape on the said girl. To start with, the police did not effect the arrest of the accused who from the evidence recorded in the case appeared to be a big landlord. Later on, however, on the statement of the father of the deceased girl, a case was registered against the accused and he was taken into custody at 1.00 P. M. on the 15th March, 1973. Dr. C. D. Ohri who conducted the post-mor