Y K SINGH Vs. STATE OF UTTARAKHAND & OTHERS
LAWS(UTN)-2012-8-98
HIGH COURT OF UTTARAKHAND
Decided on August 23,2012

Y K Singh Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

- (1.) In the present case, an FIR has been lodged against the petitioner, who is an instructor, by his trainee Km. Sashi Kushwaha for the offences under Section 376, 511 & 506 IPC. As per the allegations, on 28.7.2012, the complainant/trainee was detained by the petitioner/instructor on the pretext of teaching her some sports. The instructor carried her in a separate room, where he attempted to ravish her. So, she became scared and anyhow managed to escape from the spot after pushing her instructor. She remained silent due to inherent bashfulness and did not disclose the incident to anyone. On 3.8.2012, when the complainant/trainee again went to the stadium, the instructor (accused) expressed his desire to accomplice his task which he had left incomplete on 28.7.2012. He also threatened to spoil her career if the incident is manifested to anyone by the said trainee Km. Sashi. She was also allegedly threatened to be killed.
(2.) This FIR was lodged on 7.8.2012. This way, the Court can take notice of the fact that the FIR was lodged after 11 days of the first occurrence and even after 4 days of the alleged subsequent incident.
(3.) Keeping in view the above facts and circumstances of the case, this Court, without expressing any comments upon the allegations made against the accused petitioner, deems it fit to stay the arrest of the petitioner.;


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