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2018 Supreme(Bom) 205

ROHIT B.DEO
Bashir Beg – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : A.S. Mardikar.
For the Respondent: V.P. Maldhure.

JUDGMENT :

ROHIT B. DEO, J.

1. Challenge is to the judgment and order dated 29.12.2005 rendered by the 2nd Adhoc Additional Sessions Judge, Amravati, in Special Case 2 of 2005, by and under which, the appellant-accused is convicted for offence punishable under section 452 of the Indian Penal Code (“IPC”) and is sentenced to suffer rigorous imprisonment for one year and to payment of fine of Rs. 500/- and is further convicted for offence punishable under section 354 of the IPC and is sentenced to suffer rigorous imprisonment for one year and to payment of fine of Rs. 500/-.

2. Heard Shri Anil Mardikar, the learned senior counsel for the accused and Shri V.P. Maldhure, the learned Addl. Public Prosecutor for the respondent-State.

3. The genesis of the prosecution lies in oral report lodged by the prosecutrix (PW-1) at Police Station Tivsa on 25.6.2004 at 8.45 a.m. alleging that on 24.6.2004 at 1.00 p.m. the accused entered her house and outraged her modesty. The prosecutrix, who then was aged 14 years states that she resided with her father. Her mother and two younger brothers reside separately due to a matrimonial dispute between her mother and father. She was sleeping in the house afte



























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