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1990 Supreme(All) 846

G.P.MATHUR
CHINTA MANI TRIPATHI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
K.C.Divedi, VIRESH MISHRA

G. P. MATHUR, J.

( 1 ) ONE Shiva Devi, daughter of Ram Charan, gave a written application to the S. S. P. Allahabad, alleging that at about 6 p. m. on 20-5-1987 the applicant Chinta Mani Tripathi placed a gun on her chest and threatened to shoot her and thereafter forcibly committed rape on her. Some other girls who were accompanying the informant ran away from the spot after the applicant had threatened to shoot the informant. These girls informed the mother of the informant at her house who proposed for the spot. On the way applicant Chintamani Tripathi met her and also assaulted her. It was further alleged that after the informant returned to her house the applicant Chintamani used to sit at her door with a gun and did not permit her nor any member of her family to go out and that at every time someone from the side of the applicant blocked the way. On 4-6-1987 the informants father sent an information to the District Magistrate and the S. S. P. Allahabad but no steps were taken. The informant was a poor girl belonging to Mallah caste and was aged about 16 years. She had been married but Gauna ceremony had not been performed.

( 2 ) IT appears from the record of the case that the

















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