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2018 Supreme(HP) 528

DHARAM CHAND CHAUDHARY
Rajinder Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Kul Bhushan Khajuria
For the Respondent: Mr. R.P. Singh, Kunal Thakur

JUDGMENT :

Dharam Chand Chaudhary, J.

Appellant Rajinder Kumar herein is a convict (hereinafter referred to as the accused). He was booked by the police of Police Station Bharmour, District Chamba for the commission of offence punishable under Sections 376, 420 and 494 IPC vide FIR No. 10/2014 Ext. PW-10/A, with the allegations that he had physical relations with the prosecutrix (name withheld), for the last 3 years. He also belongs to the same area to which the prosecutrix belongs. On 12.1.2014, he brought the prosecutrix to Chamba and booked a room in hotel Ashiana near Sheesh Mahal. He subjected her to sexual intercourse in the said room. On the next day i.e. 13.1.2014, she was brought by him to Dalhousie, where he solemnized Court marriage with her. The prosecutrix had sworn in affidavit Ext. PW- 12/A whereas accused Ext. PW-12/B before the Executive Magistrate Dalhousie in this regard. Thereafter, the accused told the prosecutrix to return to her parental house. She went there and later on contacted him to join his company in the matrimonial home, however, he denied there being any relation with her. On this, with a view to get her name entered in the record of the Gram Panchaya








































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