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2023 Supreme(HP) 588

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, RANJAN SHARMA
Sanjida – Appellant
Versus
Kabirudeen – Respondent


Advocates Appeared:
For the Appellant :Mr. Ajay Kochhar, Senior Advocate with Mr. Vivek Sharma, Advocate.
For the Respondents:Mr. Surinder Saklani, Mr. I.N. Mehta and Mr. Yashwardhan Chauhan, Senior Additional Advocate Generals with Ms. Sharmila Patial, Additional Advocate General and Mr. J.S. Guleria, Deputy Advocate General

JUDGMENT :

Tarlok Singh Chauhan, J.

Respondent No.1 has been acquitted under Sections 376, 354-A and 506 of the Indian Penal Code (for short ‘IPC’) and aggrieved thereby, appellant/complainant (hereinafter to be referred to as complainant) has filed the instant appeal.

2. The entire case of the prosecution rests upon the testimony of complainant PW-9 Sanjida and, therefore, it would be necessary to refer her statement in extenso.

3. While appearing as PW-9, complainant stated that she had been suffering from continuous headache and sometimes suffered fits and on account thereof would become unconscious for sometime. She got treatment from doctors, molvies and even in Kalisthan Temple at Nahan, but to no avail. In January/February, 2015, respondent came to her house and told that he was Principal in a ‘Madrasa’ and knew her father. She confirmed this fact from her mother and thereafter respondent started visiting her house off and on and she used to serve him tea etc. on visit. Later on, when respondent came to know about her illness, he stated that he had a religious power and could cure her disease. Respondent used to put his hand on her head by making her to sit on a chair and used t

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