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2011 Supreme(HP) 184

R.B.MISRA, SANJAY KAROL
State of Himachal Pradesh – Appellant
Versus
Gulbir – Respondent


Advocates Appeared
For the appellant :Mr. R, K. Sharma, Senior Addl. Advocate General with Mr. Rajinder Dogra, Addl. A.G.
For the Respondents: Mr. Anand Sharma, Amicus Curiae.

JUDGMENT

R.B. Misra, J.

The present criminal appeal has come up for consideration after leave to appeal under Section 378(3) of the Code of Criminal Procedure has been granted in reference to the impugned judgment dated 28.10.2000, passed by the learned Additional Sessions Judge, Mandi, H.P. in Sessions Trial No. 29 of 1995, acquitting the alleged accused for the offences under Sections 363, 366 and 376 of the Indian Penal Code.

2. The prosecution case, in brief, is that the victim-prosecutrix was taken on 18.2.1995 by the accused persons to their place by alluring for marriage where the respondents-accused had committed sexual assault on the victim-prosecutrix against her wishes. Victim-prosecutrix was accompanied accused Brij Pal on 18.2.1995 and thereafter on 20.2.1995, a complaint regarding her missing was lodged by her father and she was recovered on 24.2.1995. Thereafter she was medically examined. On the basis of the complaint, the accused were charged for the aforesaid offences and the trial was conducted by learned Additional Sessions Judge, Mandi.

3. In order to prove the case of the prosecution, the prosecution examined as many as 12 prosecution witnesses, namely, Dr. M.L.

















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