Rakesh and another vs Iqbal Masih and another

M.L. Koul, J.

Petitioners Rakesh alias Baba and Kali who are distinctly described in a complaint before the Judicial Magistrate Ist Class, Gurdaspur, along with another five accused, are alleged to have kidnapped and raped one Sunita alias Anita, a student of 10th class from her school on 8.1.1994, who conceived and again petitioner No. 1 in the company of other two accused took her forcibly on 21.5.1994 in a Maruti van to a private doctor to get her aborted as a result of which she developed multiple micro absess in the wall of uterus which resulted into her death. The deceased happened to be the daughter of complainant Iqbal Masih who is working as peon in the Central Jail, Gurdaspur. The said Iqbal Masih purchased a plot from the father of Neetu accused and was living in that house as a result of which the other accused who were friends of said Neetu were free visitors to his house and therefore the said deceased was known to them.

The deceased did not reveal this matter to her parents and neither any body had a knowledge about it. When ultimately the deceased developed pain in her body and was bleeding while the accused got her aborted by some private doctor may be a quack then they took her to the hospital where she died. The report of the doctor was that she had developed micro absess in the wall of uterus and that caused her death.

The complainant being a poor man made a hue and cry but no body heard about it. Ultimately he had no alternative except to file a private complaint before the Court of law. The learned Judicial Magistrate after discussing the whole evidence and going through the precharge evidence thoroughly came to the conclusion that all the accused are involved for the commission of rape and kidnaping the deceased and that they committed rape on her as a result of which she became pregnant. When they learnt about it they got the miscarriage done through a doctor who was not known to the complainant and ultimately she died due to absess which developed in her uterus.

It is a serious case of rape and kidnaping in which the primary accused is petitioner No. 1 Rakesh who has managed to take her away and commit rape on her. He also got her aborted upon by a unknown doctor as a result of which she developed some serious trouble in her uterus which resulted into her death. The accused have been summoned by the Magistrate after recording the precharge evidence and he has prima facie found that they are connected with the commission of the crime. As the accused are involved for a serious offence of rape and kidnaping which has also resulted in the death of victim, therefore, no leniency can be shown to them and they are not entitled to bail in anticipation. Hence this petition is dismissed.

However, any observations made above will not way the mind of the trial Court either at the time of the trial of the case or when a regular bail application of the accused is moved and he shall dispose of the same in accordance with law.