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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
State of Himachal Pradesh – Appellant
Versus
Gurdev Singh – Respondent
| Table of Content |
|---|
| 1. criminal revision challenges accused discharge order. (Para 1) |
| 2. state argues prima facie rape case from statements. (Para 2 , 3) |
| 3. defense highlights contradictions in victim statements. (Para 4 , 5) |
| 4. discharge warranted without prima facie prosecution case. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 5. contradictory uncorroborated statements lack medical proof. (Para 14 , 15 , 16) |
| 6. upholds discharge; dismisses revision petition. (Para 17) |
JUDGMENT :
Sandeep Sharma, J.
Instant Criminal Revision Petition filed under Section 397 and 401 of the Code of Criminal Procedure, lays challenge to order dated 20.10.2023 passed by learned Additional Sessions Judge-1 Mandi, Distt. Mandi, HP in S.T. Registration No.48 of 2020 under Sections 376, 342, 382, 506, 323 and 201 of Indian Penal Code (in short ‘IPC’), whereby, respondent/accused (hereinafter referred to as the ‘respondent’) came to be discharged of the allegations levelled against him.
2. Precisely, the case of the petitioner/State is that learned Court below, while passing impugned order dated 20.10.2023, has failed to appreciate the evidence as well as material adduced on record in its right perspective, as a result th
At discharge stage, material contradictions in prosecutrix statements, lack of medical corroboration, and inconsistent theft allegations justify discharge if no prima facie case, preventing abuse of ....
The main legal point established is the requirement of grave suspicion to frame charges, the significance of tower locations and call detail records in establishing presence, and the importance of as....
The court established that consensual relationships, even if based on promises of marriage, do not amount to rape unless there is clear evidence of deception or coercion, and the standard for proceed....
The main legal point established in the judgment is the requirement for a strong suspicion based on material evidence to proceed with framing charges in criminal cases, and the duty of the Court to c....
Point of Law : Criminal Law - Gang Rape - Charge can be quashed if evidence which the prosecutor proposes to adduce to prove guilt of accused, even if fully accepted before it is challenged by cross-....
The main legal point established in the judgment is the requirement for a prima facie case for proceeding against the accused and the presence of grave suspicion against the accused in determining th....
The court emphasized that mere allegations of harassment are insufficient for abetment of suicide; a direct nexus between the accused's actions and the suicide must be established.
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