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2019 Supreme(HP) 404

CHANDER BHUSAN BAROWALIA
Manpreet Kaur – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
Parveen Chauhan, Adv., S.C. Sharma, Adv., Shiv Pal Manhans, Adv., Raju Ram Rahi, Adv.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present petition is maintained by the petitioners under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No. 93 of 2014, dated 06.05.2014, under Sections 365, 366, 376, 324, 506, 356 and 323 of the Indian Penal Code, registered at Police Station, Sadar Bilaspur, District Bilaspur, H.P.

2. Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that a complaint was lodged by the prosecutrix to the effect that on 17.4.2014 while she was going from Bilaspur to Chandigarh in a bus, petitioner No.2-accused took a seat adjacent to her. The accused was her classmate in 10+2 and was therefore, somewhat known to her. She was given fruity juice by the accused and on consuming the same, she got intoxicated and was made to deboard the bus at Nauni and was in fact taken to Shimla. When she told that she wanted to go to Chandigarh, she was subjected to beatings and was confined in a room of a hotel where she was raped. Next day she was told by him to obey his command, lest he would upload her photographs on the internet taken during the previous night. On

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