Mani Kumar v. State Of Punjab
KIRTI SINGH KIRTI SINGH Statement of xxx wife of Rajvir resident of House Number 836, street number 3, Durgapuri, Haibowal Kalan, Ludhiana at present resident of Manjit's da Vehra , street Number 1, Near Grocery store, Tandon Nagar, Haibowal Ludhiana. Age about 35 years, Mobile number 83607-72380. Stated that I have been living in a rented room at the above address with my family from the last 12
years. I do cleaning work in people houses. My husband Rajveer used to works as Ironing Clothes and has been living with his parents in Durgapuri for the last 5-6 months. I have three children. My eldest son Akshay is about 16 years old. His younger daughter Anshika is about 14 years old and is studying in the seventh class at Government School PAU Ludhiana. His younger son Aman is about 11 years old and is studying in the seventh class at Government School PAU Ludhiana along with my daughter. On 0406-2023 at around 06.30 PM, I had gone to Sarabjot Singh Gurdwara Sahib Jagat Nagar Ludhiana with my younger son Aman and my elder son Akshay had gone to the market to get his mobile repaired. My daughter xxx was alone in the room. When I returned at about 6;30 P.
M , I saw that Mani Kumar son of Madan Paswan, who lived in the room next to us, came out of my room. I asked Mani Kumar, "Why did you come to do in my room?" He said, "I only came to repair cable of TV and went out in a panic. My daughter xxx, who was looking very scared and crying, I asked her the reason for crying. My daughter xxx told me while crying that when you had gone to the Gurudwara, after you left, my neighbour's boy Mani Kumar son of Madan Paswan, resident of village Antor, district Samastipur, Bihar, came into the room and started molesting me. Mani took off my clothes and also took off his clothes and lay on top of me and forcibly started doing wrong things with me and raped me. I was very scared and did not tell anyone about this fearing defamation. Today I have come to the police station to inform you.
You should take necessary legal action against the above-mentioned Mani Kumar and get justice. I have written this statement in the presence of my father xxx, son of Chaub Singh, resident of House No. 33, Street No.
Haibowal, Ludhiana, and I have heard that it is correct. Verified Police line Ludhiana 05/06/23 Sd/- Learned counsel for the petitioner, inter alia, submits that the petitioner, aged 18 years, has been falsely implicated in the present case solely on the basis of the statement made by the mother of the prosecutrix, alleging commission of sexual assault upon the prosecutrix. It is contended that, as per the MLR, no external or internal injuries were found on any part of the body of the prosecutrix. Further, as per the report of the Central Forensic Science Laboratory (CFSL), no semen was detected on the vaginal swabs, nor was any male DNA profile recovered therefrom. In support of the aforesaid submissions, reliance is placed upon the MLR and the CFSL report annexed as Annexures P-4 and P-8, respectively.
Learned counsel further submits that there is no direct evidence available on record to substantiate the allegations levelled against the petitioner. It is also submitted that the petitioner was arrested on 05.06.2023 and has undergone custody for a period of 02 years and 08 months and 21 days. The petitioner is stated to have clean antecedents and is not involved in any other criminal case.
Heard the rival submissions made by learned counsel for the parties.
6.
years and 08 months and 21 days
KIRTI SINGH Sima