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2020 Supreme(UK) 579

SUDHANSHU DHULIA, N.S.DHANIK
PRITI SAXENA – Appellant
Versus
STATE OF UTTARAKHAND – Respondent


Advocates:
For the Appellant :Mr. Shashank Upadhyaya, Advocate
For the Respondent:Mr. V.K. Jemini, Dy. Adv. General assisted by Mr. Pankaj Joshi, Brief Holder and Mr. Lokendra Dobhal, Advocate

JUDGMENT

Hon'ble Sudhansu Dhulia, J. (Oral)

This is an appeal against acquittal filed by the victim under proviso to Section 372 of CrPC, challenging the judgment and order dated 13.01.2014 passed by the Additional Sessions Judge, 1st Dehradun, in Session Trial No. 96 of 2013, whereby the accused/respondent no. 2 has been acquitted of the charges under Sections 323, 504, 506, 376 and 417 IPC.

2. Leave granted.

3. The victim/appellant before this Court lodged a first information report on 15.12.2012 at 03:30 P.M. at P.S. Kotwali City, Dehradun alleging rape at the hands of the accused who is opposite party no. 2 before this court. In the FIR, it was stated that the applicant is a widow having a 11 year old boy child, and she is presently engaged in the share market business. Through social media she came in touch with the accused, who at the relevant time was residing in Dubai. In May, 2011, the accused came from Dubai to Dehradun and then the two met on more than one occasion. The accused expressed his desire to work in the share market business, as he was doing the same work in Dubai. For this, however, he sought the help of the victim, who was doing the same work in Dehradun. In D

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