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2023 Supreme(UK) 257

MANOJ KUMAR TIWARI, PANKAJ PUROHIT
State of Uttarakhand – Appellant
Versus
Ayush Kathait – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Amit Bhatt.
For the Respondent: Gaurav Singh.

JUDGMENT :

PANKAJ PUROHIT, J.

1. Heard learned counsel for the parties.

2. This application for seeking leave to appeal has been preferred by the State of Uttarakhand against the judgment and order dated 06.06.2022 passed by the Children Court/District and Sessions Judge, Tehri Garhwal in Special Session Trial No. 02 of 2019, State vs. Ayush Kathait (Juvenile-in-Conflict with law), whereby the respondent/accused has been acquitted of the charges leveled against them under Sections 376(2)(n) and 506 of IPC.

3. The case of the prosecution initiated when a First Information Report Ext. Ka-1 was given by the victim to the Naib Tehsildar, Tehsil Balganga-Ghansali, District-Tehri Garhwal, stating therein that Shri Ashish S/o Shri Shishpal, Shri Rukam Singh S/o Shri Kedar Singh and Ayush Kathait S/o Shri Mohan Singh Kathait, respondent/accused, are residents of village Dhansani, had forcibly made sexual relationship with her for a period of two years and threatened her with life, if she disclosed it to anyone. It was also narrated in the First Information Report that on 21.12.2017, victim became mother of their child; she requested to take stern action against the respondent/accused and other

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