IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

241 Date of decision: 04.09.2025.

SUKHVIR KAUR ...Petitioner(s)

VERSUS STATE OF PUNJAB AND OTHERS ...Respondent(s)

CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ Present :- Mr. Manpreet Singh, Advocate, for Mr. Arnav Sood, Advocate, for the petitioner.

Mr. I.P.S. Sabharwal, DAG, Punjab.

Mr. Manas Bhatia, Advocate, (Legal-aid-counsel)

for respondents No.2 and 3.

VINOD S. BHARDWAJ, J. (Oral)

Aggrieved of the judgment dated 22.05.2018 passed by the Additional Sessions Judge, Hoshiarpur, in Criminal Appeal No.315 dated 22.09.2017 titled as ‘Davinder Singh Vs. State of Punjab’ whereby the respondent-accused has been extended the benefit of probation for the commission of offences under Sections 323 read with Section 34 and 452 of the Indian Penal Code, 1860, the present revision petition has been filed.

2 The case of the prosecution, briefly stated, is that on

19.06.2013, three medico-legal reports (MLR No. PM-104/2013 pertaining to Davinder Singh s/o Amar Singh, MLR No. PM-102/2013 pertaining to Manjit Singh s/o Amar Singh, and MLR No. PM-103/2013 pertaining to Sukhbir Kaur w/o Gurdev Singh) were received at Police Station Tanda and handed over to ASI Davinder Singh. Thereupon, ASI Davinder Singh along with the police party reached Civil Hospital, Tanda, and moved an application before the doctor for recording the statement of the injured.

However, the doctor declared all the injured unfit to make statements.

3 Subsequently, Kulwinder Kaur w/o Davinder Singh of Village Kandhala Jattan moved an application before DSP Tanda for recording her statement through some other officer. Consequently, the MLRs were entrusted to ASI Dilbagh Singh, who along with other police officials again visited Civil Hospital, Tanda. On 21.06.2013, he moved an application before the doctor, whereupon injured Davinder Singh was declared fit to make a statement, while Sukhbir Kaur and Manjit Singh were not present in the hospital at that time. On the basis of the statement of Davinder Singh, ASI Dilbagh Singh registered FIR No.152 dated 21.06.2013 under Sections

323, 324, 342, 34 IPC at Police Station Tanda.

4 During the course of investigation, ASI Dilbagh Singh along with other police officials visited Civil Hospital, Tanda to meet the other injured but could not trace them. Thereafter, they proceeded to Village Kandhala Jattan where they met Sukhbir Kaur. She got her statement recorded before the police, stating that she is a housewife and, on 19.06.2013 at about 8:15 p.m., while she along with her daughter Rajdeep Kaur was present in the house of her devar Manjit Singh s/o Amar Singh, she had gone upstairs to pay obeisance and, while descending the stairs, Davinder Singh and Kulwinder Kaur obstructed her. Davinder Singh allegedly caught hold of her from behind, dragged her, tore her clothes, and molested her by rubbing her breast and abdomen, causing her to fall on the stairs. On her raising alarm, her brother-in-law Manjit Singh came to rescue her, whereupon Kulwinder Kaur inflicted a dang blow on Manjit Singh, hitting him on the head. Davinder Singh allegedly threw stones, one of which struck Manjit Singh on the head.

5 It is further alleged that Davinder Singh was apprehended at the spot along with the dang, and the police was informed telephonically. Photographs were also clicked and an ambulance (No.108) was called, which removed the injured to Civil Hospital, Tanda. On these allegations, a cross-case was registered vide DDR Entry No.32 dated 21.06.2013 in FIR No.152 dated 21.06.2013. Statements of witnesses under Section 161 Cr.P.C. were recorded. After completion of investigation, FIR under Sections 323, 354, 452, 34 IPC was registered against the accused, who were arrested and, upon conclusion of investigation, challan was presented before the Court.

6 On presentation of challan and on appearance of accused before the court, all relevant copies of documents, as relied upon by prosecution were supplied to the a