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2011 Supreme(Bom) 1145

ABHAY M.THIPSAY
Rattan Suka Lilke – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant:M.S. Karnik, Advocate.
For the Respondent: Smt. V.R. Bhosale, APP.

Judgment :

A.M. THIPSAY, J.}

1. The Appellant was the original Accused No.2 in Sessions Case No.211 of 2002, which was tried by the Additional Sessions Judge, Nashik. The learned Additional Sessions Judge convicted the Appellant of an offence punishable under Section 366 of the Indian Penal Code read with Section 34 of the Indian Penal Code and also of an offence punishable under Section 376(2) (g) of the Indian Penal Code. The learned Additional Sessions Judge sentenced the Appellant to suffer R.I. for three years and to pay a fine of Rs.300/with respect to the offence punishable under Section 366 of the IPC, read with Section 34 of the IPC, and R.I. for 10 years and fine of Rs.500/with respect to the offence punishable under Section 376(2) (g) of the IPC. The Appellant, being aggrieved by the said judgment and order of conviction and sentence, has appealed to this Court.

2. I have heard Mr. M.S. Karnik, the learned Counsel for the Appellant, and Smt. V.R. Bhosale, the learned APP for the Respondent-State. I have been taken through the evidence adduced before the trial Court. I have also been taken through the impugned judgment and order.

3. The case of the prosecution before th






























































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