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2005 Supreme(Bom) 246

S.T.KHARCHE
WAMAN s/o GULABRAO NAIK – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Judgment

( 1 ) THIS criminal revision takes an exception to the judgment and order of conviction dated 20-6-2002 passed by the 1st Additional sessions Judge in Criminal Appeal No. 60 of 1995 whereby she dismissed the appeal and reduced the substantive sentence from six months rigorous imprisonment to 15 days rigorous imprisonment by maintaining the substantive sentence of fine of Rs. 1,000/- awarded by the trial Court and in default the applicant has been sentenced to undergo simple imprisonment for 15 days.

( 2 ) BRIEF facts are required to be stated as under : on 10-1-1985 complainant Kusum (P. W. 1) and her husband Manikrao choudhary (P. W. 3) along with their kids had come to village Adasa in the fair and they had started one hotel there for the purpose of earning money. In the night, this couple along with their children went to take a shelter in a chhapri for night halt. Kusum was sleeping on one side, her husband and kids were sleeping by her side. At about 12 O'clock in the night, the applicant/accused had entered into the bed of Kusum and started fondling her breast and also inserted his hand in the pubic region of Kusum. Consequently she woke up and caught hold the hands










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