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2007 Supreme(P&H) 1584

MAHESH GROVER
Ashok Kumar – Appellant
Versus
State Of Haryana – Respondent


Judgment

Mahesh Grover, J.

1. During the night of 20th December, 1996, PW3 Ms. Sarita Yadav daughter of Shri Sube Singh (hereinafter described as the prosecutrix) was subjected to rape by the appellant by entering into her house and by putting her in immediate fear of death of her sibling. The FIR was lodged by the prosecutrix on 23rd December, 1996. The police, who investigated the matter, prima facie found that the appellant had committed offences punishable under Sections 376, 451 and 506 of the IPC and accordingly, submitted a challan against him.

2. The Additional Sessions Judge, Narnaul (for short, the trial Court) chargesheeted the appellant under Sections 376, 457 and 506 of the IPC to which he pleaded not guilty and claimed trial.

3. The prosecution, in order to establish its case against the appellant, examined as many as eight witnesses including the prosecutrix and the doctor who medically examined her as PW3 and PW7, respectively.

4. The appellant, in his statement recorded under Section 313 of the Cr.P.C, stated that he has been falsely implicated as he was having inimical relations with the family of the prosecutrix, but did not lead any evidence to establish the anim




















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