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2016 Supreme(Bom) 1404

B.P.DHARMADHIKARI, A.S.CHANDURKAR
Kundan son of Nanaji Pendor – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : Mr. S. V. Sirpurkar, Adv.
For the Respondent: Mr. M.J. Khan, Addl. Public Prosecutor

JUDGMENT :

A.S. Chandurkar, J.

1. By the present appeal filed under Section 374 (2) of the Criminal Procedure Code, 1973, the appellant takes exception to his conviction for having committed an offence punishable under Section 3 (a) as well as for the offence under Section 5 (j) (ii) and 5 (l) of the Protection of Children from Sexual Offences Act, 2012 [for short “the said Act”]. The appellant has also been convicted for the offence punishable under Section 376 and Section 417 of the Indian Penal Code [for short “the Penal Code”]. He has been sentenced to suffer imprisonment for life and to pay a fine of Rs.1,000/-.

2. Case of the prosecution is that the appellant, who was serving as a driver, was acquainted with one “S” - the prosecutrix. The appellant developed friendship with “S” and both had decided to get married after “S” attained the age of majority. In November, 2010, when the prosecutrix was studying in VIIIth Standard, the appellant had been to her place and had stated that as they had decided to marry, he had sexual intercourse with her. This continued for some more period. As a result of said relationship, the prosecutrix became pregnant and on 15th June, 2013, a report w




































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