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2018 Supreme(HP) 2165

SANJAY KAROL
Praveen Kumar Gautam – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Mr. Ankush Dass Sood, Senior Advocate, with Mr. Amrinder Singh Rana, Advocate, for the Appellant; Mr. Adarsh K. Sharma, learned Additional Advocate General, with Ms. Svaneel Jaswal, Deputy Advocate General, for the respondent

JUDGMENT

Sanjay Karol, A.C.J. (Oral) - ASI Ram Pal and ASI Ranbir Singh, Investigating officers, Police Station Sadar, District Shimla, H.P., are present alongwith record.

2. FIR No.144/18, dated 17th July, 2018, was registered at Police Station, Sadar, Shimla, under Sections 376 & 506 of Indian Penal Code. The said FIR came to be lodged on the statement of the prosecutrix, alleging that she had accompanied the petitioner Praveen Kumar Gautam from village Siwah (Haryana) to Shimla in a vehicle. At Shimla, she was made to spend the night in a hotel. During the night, accused forcibly entered her room and sexually assaulted her. In the morning of 17th July, 2018, she informed the police on telephone which led to the recording of her statement and consequently registration of the FIR.

3. It is a matter of record that same day, i.e. 17th July, 2018, at about 7.30 PM, accused was arrested by the police, since when he is behind the bars.

4. Accused denied allegations levelled by the prosecutrix. Alongwith the instant application, he has placed on record two documents i.e. (i) complaint lodged by him through his brother at the very same Police Station, alleging that he is a victim of consp

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