Ashutosh Alias Ashu v. State Of Haryana
IN THE HIGH COURT OF PUNJAB & HARYANA
AT CHANDIGARH
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Mr. Sitanshu Sharma, Advocate for the petitioner.
Mr. Kirpal Singh Thakur, AAG, Haryana.
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"!!"!""he statement of the prosecutrix has already been recorded during the trial. Both the prosecutrix and the petitioner intend to solemnize marriage with each other. He further contends that conclusion of trial will take sufficient time. The petitioner has been falsely implicated in this case. 5
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1 that the prosecutrix has supported the case of the prosecution in the statement recorded under section 164 Cr.P.C. as well as in the statement recorded during the trial. The medical evidence is also against the petitioner.
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7 # &s per the status report, the age of the prosecutrix has been verified from the school. The school certificate of the victim dated 21.04.2022 is annexed as Annexure R-3, whereas the date of birth of the prosecutrix has been recorded as 01.01.2006. As per the statement of the prosecutrix recorded under Section 164 Cr.P.C. (Annexure P-3), on 02.04.2022, Ashu-present petitioner called the prosecutrix to Ferojabad from where she was taken to his friend's house. They stayed there for 4 days. Thereafter on 04.04.2022, the prosecutrix was taken to Ganga Nagar. The prosecutrix lived with the co-accused of the petitioner namely Bacha from 02.04.2022 to 04.04.2022. Thereafter, the petitioner-Ashu hired a room and on 08.04.2022, petitioner-Ashu committed wrong act with her. As per the medico legal report (Annexure R-1), the opinion has been given that
possibility of sexual intercourse cannot be ruled out. As per the said report, hymen was ruptured and the age of the prosecutrix has been recorded as 16 years. 0
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Whether reportable Yes/No