VINEET PANWAR Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-3-21
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on March 22,2012

Vineet Panwar Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) By means of this petition, prayer has been made to quash the order of cognizance dated 3.1.2009, passed by the Chief Judicial Magistrate, Uttarkashi in Criminal Case No. 8/2009, State v. Vineet Panwar & Smt. Babli Devi, whereby the accused applicants have been summoned to stand trial for the offences punishable under Section 376 & 120B IPC.
(2.) Briefly stated facts of the case are that on the complaint dated 4.7.2008, moved by Jay Pal Singh under Section 156(3) CrPC, an FIR was lodged on 29.7.2008 with PS Kotwali Uttarakashi against the accused applicants. It has been averred that on 22.1.2008, Samma Devi, a divorced daughter of Jay Pal Singh, aged about 27 years, had gone to Magh Mela, Uttarkashi along with her real aunt Smt. Babli Devi (accused applicant no. 2). On that day, in the evening, Smt. Babli Devi told that they would stay in the night at the house of Vineet Panwar, accused applicant no. 1, in village Gyansu. Both of them came there and stayed in the intervening night of 22/23.1.2008. Samma Devi & her aunt Smt. Babali Devi were sleeping on the same cot in a room, while accused, an unmarried policeman, was sleeping outside. Vineet Panwar came in the room where Samma Devi was sleeping along with her aunt and reclined on the same cot. Samma Devi resisted his action, but Smt. Babli Devi allured her to establish the physical relation with Vineet Panwar by promising that if anything unusual happens in the future, then Vineet Panwar would take care of her (Samma Devi). Thus, they together spent the night and on the next day Samma Devi along with her aunt Smt. Babli Devi returned to their own house. In May 2008, when Samma Devi came to know that she had conceived, then she disclosed the entire episode to her father. Thereafter Vineet Panwar was called, who allegedly came at the house of the prosecutrix, but he refused to marry Samma Devi and held out a threat if any adverse action is taken.
(3.) After investigation, police submitted the chargesheet against Vineet Panwar and Smt. Babli Devi, whereupon the impugned order of cognizance has been passed asking the accused applicants to stand trial for the offences stated above.;


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