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1996 Supreme(Bom) 687

VISHNU SAHAI, A.S.VENKATACHALA MOORTHY
State of Maharashtra – Appellant
Versus
Savala Sagu Kokare and another – Respondent


JUDGEMENT - VISHNU SAHAI, J. :---Aggrieved by a perverse Judgment dated 14-12-1983, passed by the Additional Sessions Judge, Satara, in Sessions Case No. 75 of 1983, acquitting the respondents for offences punishable under sections 376 I.P.C. and 392 r/w 34 I.P.C. the appellant has preferred the present appeal, under section 378(1) Cr.P.C.

2.Briefly stated the prosecution case runs as under :-

The prosecutrix Chandrabhaga, P.W. 2 was the daughter of Zimaji Kokare. She was residing in village Deur, Taluka Javali, along with her parents, her brothers Anand and Shankar, her sister Lilabai and other family members. Her three brothers Shamu alias Shamrao, Vithal and Laxman, were residing at Maldev. Her elder sister Venubai and her husband Arjun were residing in village Kas. About a month prior to the incident, she along with Shankar had gone to her brother's place in Maldev. They stayed there till a day prior to the incident (3-2-83). On 3-2-83, on receiving news from father-in-law of her brother Shamrao about her brother's illness, she along with Shankar decided to return home. Her evidence is that her brother Shamrao had given her Rs. 1,500/- which she was to hand over to her parents fo















































































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