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2016 Supreme(Bom) 2206

A.I.S.CHEEMA
Nanasaheb Chandu Nikam – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vijay Sharma, Advocate
For the Respondent: Mr. R.B. Bagul, A.P.P.

JUDGMENT :

A.I.S. Cheema, J.

The Appellant-accused has been convicted under Sections 307 and 376 of the Indian Penal Code, 1980 ("I.P.C." in brief) and for each of the Sections he has been sentenced to suffer rigorous imprisonment for ten years and to pay fine of and in default to suffer further simple imprisonment for one year. The conviction order was passed by Additional Sessions Judge, Ahmednagar in Sessions Case No. 53 of 2010 on 24th November, 2014. Being aggrieved, present Appeal has been filed.

2. The case of prosecution, in short, is that prosecutrix (hereafter referred as "victim") is resident of village Ranjani, Tq-Pathardi, Dist-Ahmednagar. On 13th December 2009 at about 11.00 a.m. she went for grazing cattle in the field called as "Hamindara". Incident occurred at about 4.30 p.m. She saw a boy standing on the Bandh at some distance holding a "Gulel" i.e. catapult, who suddenly used the same and hit a stone to her head and ran up to her. She tried to hit him with a stick but he over-powered and beat her and dragged her to one side and forcibly committed intercourse with her. She started shouting and hearing her shouts, villagers came on that side and at that time accused r












































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