HC orders combined retrial

Saurabh Malik

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Tribune News Service

Chandigarh, January 8

In an out of the ordinary case, the Punjab and Haryana High Court has ordered combined retrial in two cases — a rape and suicide case and an abetment of suicide case. Both matters will be tried together again by the trial court.

The prosecution’s case was that prosecutrix was allegedly raped by Gurpreet Singh and Balwinder Singh in connivance with Shinder Pal Kaur and Sandeep Singh and the victim committed suicide because of being raped.

The case of the defence, on the other hand, was that the prosecutrix had illicit relations with one Manpreet Singh. Since the victim was turned out of her parental house, both consumed poison and then the entire story was concocted. The defence, for the purpose, relied on FIR dated January 12, 2013, for attempt to commit suicide under Section 309 of the IPC relating to Manpreet Singh.

The Bench of Justice Ajay Tewari and Justice Harnaresh Singh Gill asserted that both the prosecution and the defence were heavily relying on the facts and evidence of both cases. But the trials had been separately held and evidence had been separately recorded in both FIRs.

Referring to the Supreme Court judgment in the case of Nathi Lal and others versus State of UP, the Bench asserted that evidence of one case could not be looked into the other case and the court was required to decide the case without being influenced by the evidence of other case.

Before parting with the order, the Bench remitted for retrial the judgment of conviction and order of sentence dated November 29, 2014, passed by Patiala Additional Sessions Judge in the FIR registered for rape and other offences on November 27, 2012; and judgment of conviction and order of sentence dated January 29, 2015, passed by Patiala Additional Sessions Judge in the other FIR registered on December 31, 2012.

The Bench also directed the clubbing of both FIRs before being tried together by one court.