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2006 Supreme(Bom) 1563

J.H.BHATIA
Vithal Puna Koli (Shirsath) – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mr. GIRISH RANE, Counsel for Applicants.
Mr. N.N. JADHAV, A.P.P., for Respondent-State.
Mr. A.S. SAWANT, Counsel for Respondent No.2.

JUDGMENT :- Rule. Rule made returnable forthwith. With consent of the learned counsel for the parties, the matter is taken up for final hearing immediately.

2. Heard the learned counsel for both the sides.

3. To state in brief, on 16.3.2006 the respondent No.2 lodged a report at police station Sakri on the basis of which Crime No.28 of 2006 came to be registered for the offence punishable under Sections 420, 504, r.w. 34 of I.P.C. against 12 persons, who are present applicants. He had alleged that on 25.1.2004, Bharti, daughter of applicant No.1 Vitthal was engaged to marry respondent No.2. The applicant No.1 hurriedly got the marriage performed on 27.2.2004. On 2.6.2004 at about 11.00 p.m., wife of the respondent No.2 complained of abdominal pain and she was immediately taken to doctor, who after examination, disclosed that she was running 7th month of pregnancy. Thereafter, Sonography was performed, in which it was revealed that on 7.6.2004 she was already pregnant of 27 weeks. It indicated that at the time of marriage with the respondent No.2, she was carrying three months pregnancy. He alleged that the present applicants had misrepresented her character and thus, had cheated hi









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