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2018 Supreme(Bom) 1289

VIBHA KANKANWADI
Santosh s/o. Raising Chavan – Appellant
Versus
State of Maharashtra, Through Police Station, In-charge, Begumpura – Respondent


Advocates Appeared:
For the Appellant :Mr. N.K. Kakade, Advocate
For the Respondent: Mr. S.P. Sonpawale, Additional Public Prosecutor

JUDGMENT :

1. Present appeal has been filed by the original accused challenging his conviction by Special Judge (Additional Sessions Judge7), Aurangabad, in Sessions Case No. 308 of 2011 on 27-06-2017 for the offence punishable under Sec. 376 of Indian Penal Code and Sec. 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

[For short, "Atrocities Act"].

2. Prosecution has come with a case that Prosecutrix was aged 24. She was working as Salesgirl for a detergent company. She was dealing in Marketing. She was residing with other salesgirls in Shaktinagar, behind Hotel Devapriya. She used to go to CIDCO area in connection with her work. Thereafter she has left that job. She had gone to CIDCO area in connection with marketing of products, about a year prior to 05.09.2010. She met a person near CIDCO Bus stand. That man took her to his house near Harsul Jail Quarter under the guise of purchasing the products. He did not purchase anything. However, he demanded sexual favour to her. She refused but he had sexual intercourse with her by giving threat to kill, as well as by giving promise to marry and maintain her. Thereafter, on many occasions he used to take he





























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