Sarwan v. State Of Haryana

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 12.07.2024 SARWAN ......PETITIONER Vs.

STATE OF HARYANA .........RESPONDENT

CORAM:

HON'BLE MS. JUSTICE HARPREET KAUR JEEWAN Present:- Mr. R.S. Rana, Legal-Aid-Counsel, for the petitioner.

 

  ***** HARPREET KAUR JEEWAN J.

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This fact has been confirmed in the status report that the victim was recovered on 23.07.2022 from Village Pinana. She was not recovered from the custody of the petitioner. As per the status report filed by the investigating agency, subsequent to recording of the statement under Section 164 Cr.P.C., on 08.08.2022, the victim is alleged to have appeared before the SHO and moved an application levelling allegations that the petitionerSarwan committed forcible rape upon her, upon which, the offence under Section 376 (2) (n), 354-A and 506 IPC and Section 6 of the POCSO Act were added) and the petitioner was arrested. After moving the said application, her medical examination was conducted on 08.08.2022 and as per the medico-legal examination of the victim (Annexure R-2), no external injury was found. Since there is a delay in conducting the medico-legal examination as such no incriminating evidence was found even in the Forensic Science Laboratory Report. A copy of the said report is submitted by the learned State counsel in Court, which is taken on record. 9.

The petitioner is in custody for the last 01 year, 06 months and 22 days, as per the custody certificate, dated 07.03.2024 (Annexure R-5) and the present custody is more than 01 year and 10 months. Despite the

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Pending miscellaneous application(s), if any, shall also stand disposed of.

July 12, 2024 (HARPREET KAUR JEEWAN) nitin JUDGE Whether Speaking Yes Whether reportable No