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2013 Supreme(Bom) 832

V.K.TAHILRAMANI, P.D.KODE
Bhiva Janaji Chapte – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant:Mrs. B.P. Jakhade (appointed), Advocate.
For the Respondent: Mrs. Shilpa Gajare-Dhumal, APP.

Judgment :

[Smt. V.K. Tahilramani, J.]

1. The present appeal is directed against the judgment and order dated 24.10.2007 passed by the Additional Sessions Judge, Pune in Sessions Case No. 457 of 2005. By the said judgment and order, the learned Sessions Judge convicted the appellant under Sections 302 and 376 of IPC and sentenced him to suffer imprisonment for life and fine of Rs. 1000/- IDRI for one year on each count. The appellant is further convicted under Section 201 of IPC and sentenced to R.I. for seven years and fine of Rs. 100/-IDRI for six months. The learned Sessions Judge directed that the substantive sentences of imprisonment shall run concurrently.

2. The prosecution case briefly stated, is as under:

(a) PW 1 Krishna, the father of the victim girl was residing at Chaptewadi, Tal. Ambegaon, Dist. Pune. He had four daughters and one son. One of the daughters was the victim girl who was aged about 11 years at the time of the incident. The other daughter was PW 2 Jayashree. The appellant is the cousin of PW 1 Krishna i.e he is the son of his paternal aunt. The appellant was residing in the same village along with his wife PW 6 Asha.

(b) On 15.02.2005, after returning fr









































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