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2015 Supreme(Bom) 1190

ABHAY M.THIPSAY
Sandeep Janaji Konde – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
Mr. D.H. Kumthekar, Advocate for the appellant.
Mr. Deepak Thakre, APP for the Respondent State.

Judgment

1. This Appeal is directed against the judgment and order dated 16th November 2010 delivered by the Addl. Sessions Judge, in Sessions Case No.358 of 2008, convicting the appellant who was the sole accused in the said case, of an offence punishable under section 376 of the IPC, and sentencing him to suffer Rigorous Imprisonment for a period of 10 years, and to pay a fine of Rs.10,000/-, in default to suffer Rigorous Imprisonment for six months.

2. The facts of the case, as can be seen from the Column No.16 of the printed prescribed proforma of the police report are as follows :

That the appellant, during the period of about 5-6 months prior to 18th January 2008, had, time to time in the house of the First Informant, committed rape on the minor daughter of the First Informant, aged 16 years, by sometimes giving a false promise of marriage or sometimes by beating, abusing and threatening her. That, by repeatedly committing forcible sexual intercourse with the daughter of the First Informant, the appellant made her pregnant, and the said daughter gave birth to a dead child. The appellant had thus, committed offences punishable under section 376 IPC, 323 IPC, 504 IPC and 506 of th



































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