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Himachal Pradesh High Court · body

2016 DIGILAW 436 (HP)

Shalini Singh Thakur v. State of H. P.

2016-04-07

P.S.RANA

body2016
ORDER : P.S. Rana, J. Petition filed under Section 397 Code of Criminal Procedure against the order date 14.9.2015 passed by learned Sessions Judge (Forests) Shimla H.P. vide which statement of prosecutrix was not recorded in case No. 5-S/7 of 2015/14 under Section 376 IPC relating to FIR No. 19 of 2013. Present petition filed by the prosecutrix with the prayer that direction be issued to learned trial Court to record her statement. With the consent of learned Advocate appearing on behalf of revisionist and learned Additional Advocate General appearing on behalf of non-revisionist No.1 and Mr. Satyen Vaidya, Sr. Advocate appearing on behalf of non-revisionist No.2 following order passed:- (i) Prosecutrix will appear before learned trial Court on 28.4.2016 and thereafter learned Sessions Judge will record statement of prosecutrix in accordance with law. If learned Sessions Judge will avail leave on 28.4.2016 then statement of prosecutrix will be recorded on subsequent date fixed by learned Sessions Judge. (ii) Record of learned trial Court along with certified copy of order be sent back forthwith. (iii) Present revision petition is disposed of. Pending applications if any also disposed of.