Possibility of a joint trial has to be decided at the beginning of the trial -SC
October 08, 2021
Accused Balwinder Singh is alleged to have committed sexual assault on the prosecutrix in the car after that taken to the motor shed of accused Sandeep Singh after which the prosecutrix is alleged to have been repeatedly raped by Balwinder Singh and Gurpreet Singh in the precincts of the motor shed and forcible administered an intoxicant as a result of which she became semiconscious. At 9.30pm prosecutrix thrown near the Gurudwara of the village . On the basis of which FIR 96/2012 was registered under Sections 363, 366A, 376, 328 and 34 of the Indian Penal Code . It is alleged by the prosecution that no arrest was made and a proper investigation was not conducted. On 26 December 2012, the prosecutrix committed suicide leaving behind a suicide note regarding this another FIR was registered against the appellant (SI Nasib Singh), Balwinder Singh, Gurpreet Singh alias Aman and Shinderpal Kaur for abetting the suicide of the prosecutrix. In both cases all the accused were convicted except Nasib Singh .Both Parties approached High Court . The High Court remitted the orders of acquittal and conviction arising out of two separate FIRs for fresh trial and directed that the proceedings arising out of both the FIRs be clubbed together under Section 223 CrPC and be tried together by one court. The issue that arises for consideration is whether holding separate trials arising out of two FIRs warrants the direction of the High Court for a de novo trial. Appellant approach Apex court against the Judgement.
Nasib Singh
Versus
The State of Punjab & Anr.
