Darshan Singh vs State of Punjab

M.L. Singhal, J.

This is Crl. Misc. No. 12989M of 1999 whereby Darshan Singh (petitioner herein) is claiming anticipatory bail in case FIR No. 79 dated 7.10.1998 registered under section 376 IPC at PS Kalanaur.

The prosecution case in brief is that on 18.6.1996 (18.6.1998 ?), Balbir Singh was canvassing in connection with panchayat election. He had gone to somebody''s house to ask for votes. At about 11 PM when he returned home, he saw his brother Sukhdev Singh sitting on a cot along with his daughter Harjit Kaur who was weeping. He inquired from his daughter as to what had happened to her. His daughter told him while weeping that when he had gone outside for canvassing for votes, at about 9 PM, Darshan Singh and Nishan Singh came to their door step and told her that her father was lying deaddrunk and he be brought to the house. She further told him that when she opened that door, both tied her mouth with a piece of cloth and took her to Govt. School building where she was raped by both Darshan Singh and Nishan Singh. Balbir Singh contacted the Sarpanch of the village and other responsible people and took them to PS Kalanaur and gave application. No action was taken on that application. Balbir Singh made application to this effect to SSP, Batala on 7.10.1998 in which he imputed rape on his daughter to Darshan Singh and Nishan Singh.

Learned counsel for the petitioner submitted that the allegation as to rape came up for the first time on 7.10.1998 i.e. after a lapse of 4 months. Balbir Singh made application to SHO, PS Kalanaur on 22.6.1998 in which he stated that when on 18.6.1998 at about 9 PM, he was canvassing for the panchayat elections, Darshan Singh along with one person who had muffled their faces tried to kidnap his daughter Harjit Kaur forcibly and took her to school building. Her mouth was tied. He had further stated therein that suddenly a voting party came there and they saw his daughter being forcibly kidnapped and they rebuked the kidnappers and kidnappers accordingly ran away. He had further stated that his daughter Harjit Kaur accompanied by one Kulwant Singh came to her house and when he returned to his house after canvassing, his daughter narrated the whole episode to him. He acquainted the present sarpanch as well as the past sarpanch of the highhandedness of Darshan Singh and his companion. He requested that justice be done to him. He was told by them that he should keep silent for some time so that the atmosphere in the village did not become surcharged with some lawlessness and he would be given justice after some time. After the election was over, he was not given redress. Learned counsel for the petitioner submitted that this application was made by him on 22.6.1998 to SHO, PS Kalanaur in which he did not impute any rape. He further submitted that there was 4 days delay in the making of this application to SHO, PS Kalanaur and nobody knows what would have been the first version. He further submitted that as to what had been told by him to the past sarpanch and the present sarpanch that is also not forthcoming before the court. He further submitted that the medical examination undergone by Harjit Kaur on 25.11.1998 suggesting intercourse on her is of no consequence when she was married on 25.9.1998.

Looking to the facts and circumstances of the case, I think anticipatory bail should be allowed to the petitioner. It is, therefore, ordered that in the event of arrest, the petitioner shall be called upon to furnish bail by the Investigating Officer. Petitioner shall join the investigation and he shall keep joining the investigation as per the direction of the investigating officer.

If during the trial of the case, the trial court comes to entertain any feeling that it is not a case for anticipatory bail, the trial court may cancel the anticipatory bail allowed to him but after hearing him, Public Prosecutor for the State and the prosecutrix/her father/counsel.