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2009 Supreme(Bom) 1536

V.M.KANADE
Dev Cyrus Colabawala – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Applicant:I.M. Mirajkar with T.M. Gole and R.R. Kadam, Advocates.
For the Respondent: Y.M. Nakhwa, APP. For the Complainant:Ms. Manarukna Adenwala, Advocate.

Judgment :-

1. Heard the learned Counsel appearing on behalf of the applicant as also the learned Counsel appearing on behalf of the Complainant and the learned APP appearing on behalf of the State.

2. Applicant has been arrested in connection with the offence punishable under section 376(2)(g) read with section 34 of the Indian Penal Code which is registered by Trombay Police Station vide C.R. No.111/2009 dated 15/04/2009.

3. In the present case, charge-sheet has been filed and the matter is ready for framing of charge. However, since discharge applications have been filed by some other accused, charge has not been framed so far. The matter is already transferred to the Fast Track Court and I have given directions to the Sessions Court to dispose of the case as expeditiously as possible and in any event within a period of six months from today in Criminal Application No.4711 of 2009.

4. Brief facts are that the complainant who is a U.S. citizen had come to India for the purpose of studying in TISS. On 11/04/2009, at about 10.30 P.M., according to the complainant, she had gone to visit her friend viz. Annie Brown in her room in the hostel and she inquired with her about her studie















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