CRR No. 1973 of 2010 and other connected cases 1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

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Date of decision: 17.05.2011

CRR No. 1973 of 2010

State of Haryana

........ Petitioner

Versus

Samat Singh

.......Respondent(s)

CRR No. 2374 of 2010

Asha

........ Petitioner

Versus

State of Haryana and another .......Respondent(s)

CRR No. 3022 of 2010

Asha

........ Petitioner

Versus

State of Haryana and another .......Respondent(s)

Coram:

Hon'ble Ms Justice Nirmaljit Kaur

-.-

Present:

Mr. P K Chugh, Advocate

for the petitioner

Mr. Amit Rana, DAG, Haryana

Mr. Vivek Khatri, Advocate

for respondent No. 2

-.-

1.

Whether Reporters of local papers may be

allowed to see the judgment?

2.

To be referred to the Reporter or not?

3.

Whether the judgment should be reported in

the Digest?

Nirmaljit Kaur, J.

All the aforementioned petitions are being disposed by this

common order as the parties and issue involved therein are same.

CRR No. 1973 of 2010 has been filed by the State challenging

CRR No. 1973 of 2010 and other connected cases 2

the order dated 19.04.2010 passed by the Additional Sessions Judge, Hisar,

discharging accused Samat Singh for an offence punishable under Section

376 IPC, whereas, CRR No. 2374 of 2010 has been filed by the complainant

against the aforesaid order dated 19.04.2010 passed by the Additional

Sessiones Judge, Hissar and CRR No. 3022 of 2010 has been filed by the

complainant against the order dated 13.08.2010 passed by the trial Court,

whereby, the application filed by the State under Section 319 Cr.P.C has

been dismissed.

Brief facts of the case are that on 02.01.2010 at 7.30 pm,

prosecutrix went from her home to the diary of Puran alias Babli son of

Krishan Kumar caste Brahmin, resident of Village Nalwa to give milk.

Puran alias Babli made her to sit in Maruti Car No. HR20 D 6411 and took

towards Dhangar Tibba. He stopped the car there. She started weeping.

The said Puran alias Babli threatened her with knife and thereafter,

committed rape upon her. The allegations against Samat Singh is that he

knowingly told the prosecutrix to sit in the Car. On the basis of the said

incident, FIR No. 78 dated 22.01.2010 was registered against Puran and

Samat Singh. Both the accused were arrested and challan was presented by

the police against them.

Thereafter, the trial Court discharged accused Samat Singh vide

order dated 19.04.2010 passed by the Additional Sessions Judge, Hisar.

After framing of charge against accused Puran, the prosecution

examined prosecutrix as PW1 and she fully supported the prosecution

version. After the examination of the prosecutrix, the prosecution moved an

application under Section 319 Cr.P.C for summoning Samat Singh.

However, the said application was dismissed by the trial Court vide its order

CRR No. 1973 of 2010 and other connected cases 3

dated 13.08.2010.

In these petitions, the order dated 19.04.2010 passed by the

Additional Sessions Judge, Hisar, discharging the accused Samat Singh for

an offence punishable under Section 376 IPC as well as the order dated

13.08.2010 passed by the trial Court declining the application of the

complainant under Section 319 Cr.P.C have been challenged by the State

and the complainant on the ground that the trial Court has not appreciated

the documents and evidence on the file which has resulted in miscarriage of

justice.

Learned counsel for the petitioner argued that while

discharging the accused Samat Singh, the Court has not appreciated that

Samat Singh after having conspired with accused Puran alias Babli,

implored her to sit in the Car. There are specific allegations against Samat

Singh both in the FIR