Jaswinder Singh vs State Of Punjab

Suvir Sehgal, J

Court has been convened through Video Conferencing due to Covid-19 pandemic.

Instant petition has been filed under Section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in FIR No.28 dated 05.02.2020 under Sections

354 and 354-A IPC (Offence under Sections 384 and 120-B IPC added later on) and Section 8 of Protection of Children from Sexual Offences Act,

2012, registered at Police Station City Rupnagar, District Rupnagar.

Briefly stated, the facts of the case are that a written complaint was given by a 16 years old girl wherein she stated that about three years ago when

she was studying in Sahibzada Ajit Singh Academy and she was staying with her parents on rent in the house of Paramjit Singh, his son Jatinder Singh

attempted to rape her. When she went for tuition to the house of Madam Supriya, she used to force her to drink, smoke and even administered her

some injections. Madam Supriya made an obscene video of her (victim), blackmailed her and demanded money as well as jewellery from her. The

victim has particularly narrated an incident when she was asked to steal jewellery from her house on the occasion of KARWA CHAUTH. Madam

Supriya had uploaded the video in a group of which Jaspreet Singh Bains, Manjinder Singh @ Bittu, Jaswinder Singh (present petitioner), Jatinder

Singh and Paramjeet Kaur @ Simran were members. She stated that all the accused used to threaten to molest her and were extracting money from

her. She stated that she did not report the incident earlier because she was scared that her parents will reprimind her. The statement of victim was

recorded under Section 164 Cr.P.C.

Counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated. The petitioner had no concern whatsoever with

the incident alleged in the FIR and that he was working as a driver which is a touring job and he has no contact with the victim. Reliance has been

placed upon order dated 20.02.2020 (Annexure P2) whereby interim bail was granted by this Court to co-accused in CRM-M-7643-2020.

I have considered the submission of counsel for the petitioner. The FIR has been registered on the statement of a 16 years old girl that implicates the

petitioner. The accused including the petitioner used to threaten her as a result of which, she was so scared that for three years she did not even

report the incident to her parents. The victim is now mentally unstable and this could probably be the result of the trauma that she has gone through in

her growing years at the hands of petitioner and other co-accused.

The argument of the counsel for the petitioner that petitioner had no access to the house of complainant stands belied because it has come on record

that his mother was working as a maid at the house of the victim. Furthermore, the fact that the petitioner was a member of the group where the

objectionable video was circulated makes him an accomplice to the offence. The grant of interim bail to the co-accused does not advance the case of

the petitioner, who is a sexual predator. The life of a young girl has been ruined as a result of the abuse that she has gone through in her formative

years.

Considering the gravity of the offence and the fact that the victim was minor girl of 13 years of age at the time of alleged occurrence, the petitioner is

not entitled to the concession of anticipatory bail. There is no merit in the instant petition. The same is accordingly dismissed.

It is clarified that any observation made hereinabove shall not be construed as an expression on the merits of the case.