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2020 Supreme(HP) 738

ANOOP CHITKARA
Mahender Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Abhilasha Kaundal, Advocate
For the Respondent:Nand Lal Thakur, Additional Advocate General, Ram Lal Thakur, Assistant A.G. and Rajat Chauhan, Law Officer
For the Amicus Curiae :Ashok Tyagi, Advocate

JUDGMENT :

Anoop Chitkara, J.

COURT PROCEEDINGS CONVENED THROUGH VIDEO CONFERENCE

1. On the allegations made by a girl, aged 15 years, against the petitioner of having coitus with her in the end of May 2013, by entering her home, and also raping her in forest on 30th June 2013, when she was returning from school, the police registered FIR No. 82 of 2013, dated 19.07.2013, under Sections 376, 506 of Indian Penal Code, 1860, (IPC), and 4 of Protection of Children from Sexual Offences Act, 2012, in Police Station Gohar, District Mandi, Himachal Pradesh, disclosing cognizable and non-bailable offences.

2. The Police conducted the investigation, took the victim for her medical examination, got her statement recorded under S. 164 CrPC, but failed to nab the accused. Subsequently, the Police filed a charge sheet without arresting the accused. After taking cognizance of the offence, the Court issued Non-bailable Warrants, and upon its non-execution, allowed the application of the prosecution and proceeded against the accused under Section 82 CrPC, and thus, vide order dated 24.12.2013, declared the petitioner as a proclaimed offender. Per Paragraph 7 of the bail petition, after that Learned Ad

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