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1989 Supreme(P&H) 1006

S.S.GREWAL
State – Appellant
Versus
Rajesh Kumar – Respondent


Judgment

S.S.Grewal, J.

1. This application under Section 482 of the Code of Criminal Procedure, relates to cancellation of bail granted to Rajesh Kumar accused by the Sessions Judge, Chandigarh, on 25th March, 1989.

2. It was vehemently submitted by the learned Counsel for the applicant that Rajesh Kumar accused committed rape on the prosecutrix, aged 14 years, who was next-door neighbour of the accused, while the mother of the prosecutrix had gone out of her house. The counsel, appearing on behalf of the Chandigarh Administration referred to Stree Atyachar Virodhi Parishad v. Dilip Nathumal Chordia and another, 1989(1) Supreme Court Cases 715. In the said case the deceased was seen in flames and crying for help in the first floor of the house of her in-laws within five days of her marriage with the younger brother of the appellant. While the neighbours extinguished the flames, the inmates of the house did not render any help. In the said case trial Court had framed a charge under Section 302, Indian Penal Code, but the High Court discharged the appellant mainly relying on the dying declaration as if it had been conclusively proved to be the true and faithful version of the decease




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