Judgment :-

A.K. PATNAIK, J.

This petition under Article 136 of the Constitution has been filed by the State of Punjab praying for special leave to appeal against the order dated 11.12.2007 of the High Court of Punjab and Haryana in Criminal Miscellaneous No. 51620 of 2007 (for short “the impugned order”).

2. The facts very briefly are that on 18.04.2007 respondent no.3 lodged FIR No. 82 at Police Station City-I, Moga against Simran Kaur @ Indu and her husband Ajay Kumar alleging offences under Sections 366, 376, 406, 420, 506, 344 read with Section 34 of the Indian Penal Code, 1860 (for short `the IPC'). Pursuant to the FIR, Simran Kaur and Ajay Kumar were arrested on 19.04.2007, but Ajay Kumar managed to escape from the custody of police and FIR No. 83, Police Station City-I, Moga dated 19.04.2007 under Section 224 of the IPC was registered against him. In course of investigation of the case, respondent no.3 made a statement before the police under Section 161 of the Code of Criminal Procedure, 1973 (for short `the Cr.P.C.') on 23.04.2007 naming 14 other persons who had sex with her against her will and some of these persons were arrested by Sub-Inspector Raman Kumar. The statemen