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2006 Supreme(Bom) 584

D.G.KARNIK, RANJANA DESAI
Bandu Hasan Tamobli – Appellant
Versus
State of Maharashtra – Respondent


( 1 ) THE appellant (for short, "the accused") was tried in the Court of Additional Sessions Judge at Karad in Sessions Case No. 56 of 2000 for offences punishable under section 376 of the Indian Penal code (for short, "the IPC") and sections 3 (2) (v) and 3 (1) (x), 3 (1) (xi) of the Scheduled Casts and Scheduled Tribes (Prevention of Atrocities) act, 1989 (for short, "the said Act" ).

( 2 ) IT would be advant ageous to give a gist of the prosecution case. Complainant Mangal Govind Bhise resides along with her husband, her children and her brother- in- law at Warana Prakalpa Vasahat , koyana Siding, Ogalewadi, Taluka Karad. Her husba n d PW-7 Govind daji Bhise was working as a labourer in Warana Irrigation Prakalp. The accused was also serving in the same department and he was residing in the same locality. His chawl was at the back of the complainant s room. The accused used to visit the complainant s house and her children used to call the accused Bhai- mama. On 7/8/1994 at about 3. 30 p. m. , the complainant s daughter Manisha aged about five years was playing with her friend Sheetal in front of their house under a tree. PW-7 Govind, the husban d of the complainant had gone























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