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2024 Supreme(SC) 545

ABHAY S. OKA, UJJAL BHUYAN
Shiv Pratap Singh Rana – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Abhinav Ramkrishna, AOR Mr. Amit Lahoti, Adv.
For the Respondent(s): Mr. Harmeet Ruprah, D.A.G. Mr. Yashraj Singh Bundela, AOR Mr. Pratima Singh, Adv. Gp. Capt. Karan Singh Bhati, AOR

JUDGMENT :

Ujjal Bhuyan, J.

This criminal appeal by special leave is directed against the judgment and order dated 03.10.2019 passed by the High Court of Madhya Pradesh at Gwalior (the ‘High Court’ hereinafter) dismissing Criminal Revision No. 2288 of 2019 filed by the appellant. The aforesaid criminal revision petition was filed by the appellant before the High Court assailing the order dated 24.04.2019 passed by the Xth Additional Sessions Judge, Gwalior (‘Sessions Judge’ hereinafter) in Sessions Trial No. 505 of 2018 whereby charges under Section 376(2)(n) and 506 of the Indian Penal Code, 1860 (IPC) were framed against the appellant and the application for discharge filed by the appellant was rejected.

2. The case of the prosecution is that the prosecutrix had lodged a first information report (FIR) on 06.09.2018 alleging that in the year 2016, the accused (appellant herein) used to show photographs of hers and telling her to come to Gwalior with him otherwise her photographs would be uploaded on Whatsapp. It was due to fear that she came to Gwalior alongwith the appellant by train from Dabra. One boy from Anupam Nagar came to the railway station to receive her. On his motorbike,

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