Sanjeev Kumar vs State of Punjab

M.L. Singhal, J.

The prosecution case in brief is that Sharanjit Kaur daughter of Joginder Singh, aged about 22 years was studying in Guru Nanak Girls College, Ludhiana and was residing in hostel. Her parents were residing at Bajpur, Police Station Bajpur, District Nainital, U.P. After appearing in B.A. final examination, she went to Bajpur. On 27.6.1997, she alongwith her mother Surjit Kaur, brother Balwinder Singh and father Joginder Singh came, to Ludhiana from Bajpur by car, as she was to appear in Entrance Test on 30.6.1997 for admission to B.Ed. in Guru Nanak Girls College, Ludhiana. She alongwith her mother stayed with her father''s sister Pritam Kaur in Parkash Nagar (Jawaddi), Ludhiana. While her father Joginder Singh and brother Balwinder Singh left for Chandigarh in connection with some business dealing on 30.6.1997, she went to the said college for appearance at the said test. The test was postponed upto 5th July, 1997. She came out of the college where Satish Kumar nonpetitioner met her. About a year prior to that, Satish Kumar nonpetitioner who is also resident of Bajpur alongwith Sanjeev Kumar alias Kaku petitioner had come to her college. They sent her message and she came out of college on receiving that message.

Satish Kumar told her that he was resident of Bajpur. Her father had sent Rs. 2000/ for her. He further told her that her father had told him to purchase articles of use for her in the bazar. She confided in Satish Kumar as he was also a resident of Bajpur i.e. a covillager. She accompanied him to the bazar. He took her snaps against her will and consent. She protested against her snaps being taken. Satish Kumar told her that he would return her photographs if she did not like her snaps being taken. He offered her many temptations so that he did not have to return her the snaps. She spurned his offers tainted with temptation. Thereafter, he started threatening her that if she wanted to have her snaps back she would have to agree to everything whatever he suggested to her or else he would defame her. She accompanied Satish Kumar to, Shimla, Manali, Solan, Amritsar, Rohtang, Chandigarh, Ludhiana and other places so as to be able to have her snaps back from Satish Kumar and thus to save her parents from ignominy. He raped her at these places. He took her snaps also. He returned some of the snaps to her.

On 30.6.1997, Satish Kumar nonpetitioner met her outside the college and told her that he would return her the remaining snaps and she should accompany him. He took her to Paradise Hotel near Bus Stand, Ludhiana. After staying in the hotel for some time, Satish Kumar nonpetitioner called his relation Sanjeev Kumar alias Kaku petitioner who brought three wheeler. The petitioner took her and Satish Kumar to Jalandhar byepass. Satish Kumar took her to Amritsar. He kept her in Sharma Hotel near Sri Darbar Sahib in a room. She telephoned her parents to Bajpur under pressure of Satish Kumar to the effect that she and Satish Kumar had married. On 3.7.1997, Satish Kumar told her that he would be coming with her snaps and she should see him in the Prikarma of Sri Darbar Sahib. She waited for Satish Kumar in the prikarma of Sri Darbv Sahib but he did not return. On 7.7.1997 she reached Bajpur. On 8.7.1997 she reached Ludhiana alongwith her brother Balwinder Singh. She narrated the entire episode to her father Joginder Singh, mother Surjeet Kaur and brother Balwinder Singh. According to her, Satish Kumar had by force compelled her or by deceitful means induced her to accompany him to different places where he raped her. Sanjeev Kumar alias Kaku petitioner was in conspiracy with Satish Kumar in this nefarious act.

Learned counsel for the petitioner has submitted that according to Sharanjit Kaur herself, Satish Kumar and Sanjeev Kumar petitioner had come to her college a year prior to 30.6.1997. Message was sent to her inside the college by them and on receiving that message she came out of the college. This is the role assigned to Sanjeev Kumar petitioner which he allegedly played in June, 1996. According to her on 30.6.1997, Satish Kumar met her outside the college. He took her to Paradise Hotel, Near Bus, Stand, Ludhiana. After they had stayed there for some time in that hotel, Satish Kumar called Sanjeev Kumar alias Kaku petitioner there who brought threewheeler. Satish Kumar took her and Sanjeev Kumar to Jalandhar Byepass. From there Satish Kumar took her to Amritsar. He has further submitted that there is no imputation to Sanjeev Kumar alias Kaku petitioner that he compelled Sharanjit it Kaur or practised any deceitful means into leaving the keeping of her lawful guardian and accompany Satish Kumar from place to place and submit to sexual intercourse with him against her will and without her consent.

Learned Deputy Advocate General for the State of Punjab on the other hand submitted that why should Sanjeev Kumar alias Kaku have been privy to Satish Kumar nonpetitioner in calling her outside the college. Why should he have been privy to Satish Kumar in the act of leaving Sharanjit Kaur and Satish Kumar in threewheeler brought by him at Jalandhar Byepass, when he had known that Sharanjit Kaur was unmarried and was putting up in the hostel of that College at Ludhiana for studying, a place far away from Bajpur (UP) where her parents were putting up. It was submitted that Sanjeev Kumar alias Kaku ought to have known on 30.6.1997 that Satish Kumar had abducted her earlier and taken her to several places and raped her. It was submitted that Sanjeev Kumar alias Kaku was thus in conspiracy with Satish Kumar nonpetitioner.

Learned counsel for the petitioner submitted that it may not be a case of abduction and rape. It may be a case where Sharanjit Kaur willingly accompanied Satish Kumar with whom she was in love and willingly submitted to sexual intercourse with him. She was quite a mature girl aged 22 years when she was allegedly abducted and raped. If she willingly accompanied Satish Kumar, with whom she was in love and surrendered her chastity to him, how will there be any offence so far as Sanjeev Kumar alias Kaku petitioner is concerned to whom no overt act has been attributed.

In the facts and circumstances of the case, it is deemed proper that anticipatory bail be allowed to Sanjeev Kumar alias Kaku petitioner. So, it is ordered that in the event of arrest, the investigating officer will call upon him to furnish bail in the sum of Rs. 20000/ with personal bond together with surety bond of the said amount. The petitioner shall join the investigation. He shall keep joining the investigation as and when called upon to do so. He shall not leave the country without the prior permission of the court.

With this direction, this petition stands allowed.