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2018 Supreme(Bom) 724

PRAKASH D.NAIK
Pravin @ Shrikrishna Chandrakant Marathe – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Applicant : Mr. A.S. Khandeparkar with Mr. Apoorva A. Khandeparkar and
Mr. Rajdeep D. Gude
For the Respondent: Ms. R.M. Gadhvi, APP.

JUDGMENT :

1. The applicant was charged with offences punishable under Sections 376, 451 and 506 of Indian Penal Code (‘IPC’). The applicant was tried before the Court of Assistant Sessions Judge, Sindhudurg, at Oros vide Sessions Case No.27 of 1997.

2. The facts of the prosecution case, in brief, are as under :

(a) Kumari Sangita Gunaji Khandare (hereinafter referred to as the ‘victim’) is the resident of Ranbambuli-Kavalewadi. She was taking education in 7th standard in Primary Marathi School, at Ranbambuli. The date of birth of the victim is 25th July 1981. Her family consists of parents, brother and two sisters. The accused is also resident of Kavalewadi;

(b) Some time in March-1996, at about 11.00 a.m., the victim was present in her house. She was alone. Her family members had gone out to attend their work. The accused came to the house of the victim and embraced her saying that he loves her and intends to marry her. He made her fall down and committed intercourse with the victim. He left the house of victim with a promise that he would marry the victim and threatened her not to disclose the incident to anyone else;

(c) After about four to five days of the said incident, when the v

































































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