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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Raj Kishore – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
The present petition has been filed under Section 439 of Cr.P.C. seeking regular bail in case bearing FIR No.149 dated 21.10.2023 under Sections 376/506/448 of IPC registered at Police Station Lalru, District S.A.S. Nagar.
2. The FIR (supra) was lodged on the statement of the complainant by alleging that on 20.10.2023, her mother went to the factory for her duty and her father had gone to Delhi for some work. After coming back to home from school at about 03:00 P.M., her two younger brothers went out of the house to play and she was washing clothes at her house. Thereafter, at around 03:30 P.M., her father's friend, namely, Raj Kishore (the petitioner herein), came to her house when she was alone there and he took her forcibly inside a room of her house. She got scared and started crying for help but the accused/petitioner covered her mouth with his hand and threw her on the bed and committed rape upon her against her wishes. Thereafter, the accused/petitioner extended threats to kill her and her family if she would disclose about the incident to anyone and thereafter, ran away from the spot and thus, the instant FIR got registered.
3. Learned counsel
The determination of culpability should be made during the trial, and further detention of the accused should serve a useful purpose.
A delay in trial, especially for undertrial prisoners, infringes upon their rights under Article 21 of the Constitution.
The court's decision highlighted the importance of considering the rights of the accused under Article 21 of the Constitution of India, especially in cases where the trial has not made any progress d....
The court considered the age of the accused and the prosecutrix, the nature of the alleged offense, and the prevailing conditions of undertrial prisoners in India in reaching its decision to grant ba....
The main legal point established in the judgment is that further detention without the prospect of the trial being concluded in the near future would violate the rights of the accused under Article 2....
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