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2014 Supreme(HP) 96

DHARAM CHAND CHAUDHARY
Sanjeev Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Manoj Pathak, Advocate.
For the Respondent:Mr. Ravinder Thakur, Additional Advocate General with Mr. P.M. Negi and Ms. Parul Negi, Deputy Advocates General.

Judgment

Dharam Chand Chaudhary, J.

1. Petitioner is an accused in a case registered against him under Sections 376(A), 314 and 506 of the Indian Penal Code, vide FIR No.239 of 2013, in Police Station West Shimla. He has been arrested in the case on 6.12.2013 and is still in judicial custody. The investigation in the case is almost complete except for obtaining the report from the Forensic Science Laboratory.

2. The status report placed on record by the learned Additional Advocate General and the record produced by case against the accused-petitioner has been registered at the instance of the prosecutrix (name withheld), who belongs to Tripura and is a Research Scholar in the Indian Institute of Advance Studies, Shimla, with the allegations that he initially developed intimacy with her and subsequently solemnized marriage by misrepresenting that he was a bachelor, whereas, he is married and having one small kid also about which she came to know lateron. As per further allegations, on account of they having cohabited as husband and wife after marriage, she conceived a child, however, by administering some medicines the accused-petitioner managed the abortion.

3. There cannot be said









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