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2009 Supreme(SC) 191

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Arjun Singh – Appellant
Versus
State of H. P. – Respondent


Advocates appeared: For the Appellant:Sanjay Jain, Advocate. For the Respondent:Naresh K. Sharma, Advocate.

Judgment :

Dr. Arijit Pasayat, J.

Leave granted.

2. Challenge in this appeal is to the judgment of a learned Single Judge of the Himachal Pradesh High Court upholding the conviction of the appellant for offences punishable under Sections 376, 511, 363 and 366 as well as Section 109 of the Indian Penal Code, 1860 (in short the `IPC). He was sentenced to undergo rigorous imprisonment for 7 years, 3 years, 4 years, 5 years and 7 years for the aforesaid offences alongwith fine with default stipulation.

3. Prosecution version as unfolded during trial is as follows:

On 18.7.1999, the victim (PW10) boarded the bus to Shimla from Solan. When the bus bearing registration No. HP-12-4113 reached near petrol pump (HIMFED) situated near Nav Bahar towards Chotta Shimla, all the passengers got down, except the prosecutrix and accused-appellant Arjun Singh. Accused Arjun Singh committed forcible sexual intercourse with the prosecutrix against her will and without her consent. The victim was kidnapped by the accused who was minor at the time of kidnapping in bus No.HP-12-4113 from Solan. The accused had induced the prosecutrix that he would marry her after reaching Nalagarh. The FIR was registered.













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