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2019 Supreme(Chh) 832

VIMLA SINGH KAPOOR
PURAN NETAM – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
Sanjay Agrawal, Adv., Aman Kesharwani, Adv.

JUDGMENT

Vimla Singh Kapoor, J. -Case put-forth by the prosecution in nutshell is that on 30.12.2007 at about 8 PM when the prosecutrix (PW-2) along-with her elder sister and friends was enjoying village fair, the accused/appellant herein came there and caught hold of her hands. It is alleged that when she tried to free herself from the clutches of the accused/appellant, he tied both her hands with the Saari worn by her and when this act of the accused/appellant was opposed by her sister and friends, he threatened them all of being beaten. Thereafter, he took her to village Chhurawand and kept her in confinement in the house of one Rasool (PW-4) and subjected her to forcible sexual intercourse twice on that day. She is alleged to have been held captive by the accused/appellant in the house of PW-4 till 02.01.2008 and during all this period she was being sexually abused by him. On 02.01.2008 her father Govind Rao (PW-3) came there and freed her. As is alleged by the prosecution, when no decision could be taken in the Panchayat meeting so convened, the FIR (Ex.P-3) came to be lodged on 07.01.2008 i.e. about a week after the date of incident for the offences under Sections 363, 366, 34

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