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2021 Supreme(HP) 736

CHANDER BHUSAN BAROWALIA
Arjun Pathania S/o Sh. Subhash Singh – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Sh. Sanjay Kumar Sharma, Advocate With Mr. Rakesh Chauhan, Advocate
For the Respondent:Sh. Arvind Sharma, Sh. P.K. Bhatti & Sh. Bharat Bhushan, Additional Advocates General With Sh. Amit Dhumal, Deputy Advocate General And Sh. Manoj Bagga, Assistant Advocate General

JUDGMENT :

Chander Bhusan Barowalia, J.

The present appeal has been preferred by the appellant/accused/convict (hereinafter referred to as “the accused”) laying challenge to judgment dated 03.09.2020, rendered by learned Special Judge, Kangra at Dharamshala, District Kangra, H.P., in Sessions Trial No.123N/ VII/2020/2018, whereby the accused was convicted and imposed fine of Rs.1000/upon the accused/appellant for the offence punishable under Section 323 of Indian Penal Code, 1860 (hereinafter referred to as “IPC”).

2. Leaving fiddling little details, the facts of the case can tersely be summarized as under:

The prosecutrix moved an application to SHO Police Station, Nurpur, alleging therein that she is resident of village Samrel, Post Office, Baranda, Tehsil Nurpur, District Kangra, H.P., aged about 16 years. At about 12.00 noon, she was watching television in her house. On that day, there was a death in the village and her parents had gone there. In the meantime, accused Arjun Kumar came into her room and started forcibly teasing her and due to that, she found marks on her neck. When the accused was forcibly outraging her modesty, she was crying loudly. On her hue and cry, her mother

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