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2017 Supreme(Bom) 1029

T.V.NALAWADE, SUNIL K.KOTWAL
State of Maharashtra, through Public Prosecutor, High Court of Bombay, Bench at Aurangabad – Appellant
Versus
Amin Shaikh Khwaja – Respondent


Advocates Appeared:
For the Appellant : Shri P.G. Borade
For the Respondent: Shri R.R. Shaikh, Shri B.R. Kedar, Shri P.R. Patil

JUDGMENT :

SUNIL K. KOTWAL, J.

1. This Criminal Appeal is directed by State of Maharashtra against the judgment and order dated 28/7/1999, passed by learned Additional Sessions Judge, Jalgaon in Sessions Case No. 155/1998, acquitting the respondents (original accused No. 1 to 5) of the offences punishable under Sections 363, 366, 323, 504, 506 read with Section 34; and Section 376(2)(g) of the Indian Penal Code (hereinafter referred to as "I.P.C. for short).

2. Shorn of necessary details :-

Prosecution case in brief is that, at the relevant time of the occurrence, victim (P.W.1) was 16 years old, a student of 9th Standard. She used to reside at Muktainagar along with her parents. Smt. Kalpanabai (P.W.5) is the mother of victim. In the month of May 1998, after annual examinations, victim (P.W.1) came to Chalisgaon to the house of her maternal uncle Rajendra Dattatraya Sonar, who lived in Afu Lane. On 14/5/1998, the parents of the victim went to the hospital of Dr. Nikam at evening hours. Till 8.30 p.m. they did not return and, therefore, as per instructions of maternal aunt, victim went towards bicycle shop of her maternal uncle to call her parents. When she was proceeding through lonel











































































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