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2014 Supreme(Bom) 1004

A.I.S.CHEEMA
Suyog – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Petitioner:S.G. Ladda Advocate.
For the Respondents:R1, V.D. Godbharle A.P.P., R2, A.K. Bhosale, Advocate.
.

Judgment :

1. This Revision Application has been filed by original Accused-Petitioner facing Sessions Case No.163 of 2009 pending before Additional Sessions Judge, Aurangabad. The Petitioner is facing offence punishable under Section 376, 328, 354 and 506 of the Indian Penal Code, 1860.

2. The evidence of Respondent No.2 (I have refrained to put her name, which is available in the original Petition) as PW3 was being recorded in the Sessions Case and in the course of cross-examination, a letter was put up to her. She declined that the same was in her handwriting. She was asked and she wrote out a passage to dictation of the Advocate for Petitioner-Accused and also put signatures in Marathi and English as she was asked. The Petitioner-Accused filed application Exhibit 26 and the Sessions Judge passed order that the disputed document Article A and the sample handwriting given by the prosecutrix Exhibit 24 and other admitted documents as mentioned in the order, be sent to the State Examiner of Documents for opinion whether the handwriting made in disputed document Article A was of the same person who had written the documents Exhibit 24, 15, 18 and 21. Accordingly, the documents were s




























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