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2023 Supreme(HP) 420

TARLOK SINGH CHAUHAN, SUSHIL KUKREJA
State of Himachal Pradesh – Appellant
Versus
Ajay Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellants : I.N. Mehta, Yashwardhan Chauhan, Navlesh Verma, Sharmila Patial, J.S. Guleria.

JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. The State has sought leave to appeal against the judgment of acquittal of the respondent for the offence punishable under Section 376 of the Indian Penal Code (for short ‘IPC’).

2. The case of the prosecution, in brief, is that when the prosecutrix was working with the Department of Civil Supplies, the respondent, who was also working in the same Department, proposed to her for marriage and thereafter family members of the respondent came to the house of the prosecutrix with the proposal of marriage to the parents of the prosecutrix. The proposal of such marriage was accepted by the family members of the respondent and the prosecutrix. Both the families thereafter visited the houses of each other.

3. It is the further case of the prosecution that after proposal for marriage had been accepted by both the families, the respondent pressurized the prosecutrix for sexual intercourse. Even though, the same was objected to by the prosecutrix, however, respondent told her that by then, they would be husband and wife and, therefore, there is nothing objectionable in entering into sexual intercourse as he is going to marry her shortly. Under this pretext, t

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