High Court of Punjab and HaryanaCRM-M/39250/2023dismissed

Arun Kumar Alias Arun Alias Aman v. State Of Punjab

2024-04-22Mrs. Justice Manisha Batra6 pages

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30.06.2022 Maqsudan, Jalandhar Rural 376 of Indian Penal Code, 1860 (for short 'IPC')

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& alleging therein that her parents had passed away and she was now living with her paternal uncle and aunt. In September, 2021, she had gone to her maternal aunt's (maasi) house for pursuing her mass communication course from Jalandhar. She was staying there with her maternal aunt and the petitioner, who is husband of her maternal aunt. She alleged that in the first week of

November, she was alone at home when the petitioner entered inside her room and after closing the door of the same, he took hold of her and told her that he wanted to have sexual relations with her. On her refusal, he tried to commit rape upon her but on her saying that she would disclose about this to her aunt, he threatened to kill her and left her. Similar attempts were made 34 days thereafter and he succeeded in ravishing her repeatedly for 2-3 days. She had fallen sick thereafter and kept vomiting. She came back to her paternal aunt's house in February, 2022 to Delhi. Her father had died on 19.06.2022. On 26.06.2022, she had gone to Haridwar with her family members for the purpose of performing some ceremonies, when while on way, she had felt severe abdominal pain. They had stayed at a Dharamshala after reaching Haridwar.

She went to toilet, a female baby came out of her womb. Out of fear, she threw the baby there itself and rushed out of the washroom and changed her clothing. Her condition deteriorated in the evening of 27.06.2022, as she was heavily bleeding. She was taken to Guru Govind Singh Hospital, Delhi. As per the report of the doctor, who had conducted her medical examination, umbilical cord was found hanging out of her introitus. The victim also gave history of her being sexually assaulted by the petitioner and about delivering a premature baby on 26.06.2022. Her Statement under Section 164 of Cr.P.C. was recorded. During the course of investigation, it was found that dead body of a new born female infant was recovered by the police from Bharti Bhawan, Dharamshala, Haridwar wherein the victim had stayed.

Cr.P.C. and post mortem examination of the girl child was conducted and DNA sample had been obtained. The petitioner was arrested on 04.07.2022. His blood samples alongwith the blood samples of the victim and DNA sample of the child were sent to FSL. After completion of necessary investigation and usual formalities, challan was presented in the Court and presently the petitioner is facing trial for the commission of the offence punishable under Section 376 of IPC. 6 & &" &&

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