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2017 Supreme(Bom) 1351

A.M.BADAR
Dattatraya Ramchandra Sutar (Pawar) – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellants : Manjiri Parasnic and P.D. Pise.
For the Respondent: P.N. Dabholkar.

JUDGMENT :

A.M. BADAR, J.

1. By this appeal, the appellant/convicted accused is challenging the judgment and order dated 16th September 2010 passed by the learned Adhoc Additional Sessions Judge, Sangli, in Special Case No. 6 of 2010 thereby convicting him of offences punishable under Section 377 of the Indian Penal Code (IPC) and under Section 3(1)(iii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for the sake of brevity SC/ST Act). For the offence punishable under Section 377 of the IPC, the appellant/accused is sentenced to suffer rigorous imprisonment of 3 years apart from directing him to pay fine of Rs. 2,000/- and in default to undergo further rigorous imprisonment for 6 months. For the offence punishable under Section 3(1)(iii) of the SC/ST Act, the appellant/accused is sentenced to suffer rigorous imprisonment of 6 months, in addition to payment of fine of Rs. 1,000/- and in default directing him to undergo further rigorous imprisonment for 3 months.

2. Brief facts leading to the prosecution of the appellant/accused projected from police report are thus:

(a) Informant PW-2 Nandkumar Manik Pol is resident of village Malegaon in Miraj Taluka
































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