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2018 Supreme(Bom) 1645

A.M.BADAR
Dilip Bharat Gavand @ Kanwa – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :Ms. Nasreen S.K. Ayubi, Advocate.
For the Respondent: Mr. P.H. Gaikwad Patil, APP.

JUDGMENT :

1. By this appeal, the appellant/accused is challenging the Judgment and Order dated 29/06/2013 passed by the learned Additional Sessions Judge, Mumbai in Sessions Case No.72 of 2013 thereby convicting the appellant/accused of the offence punishable under Section 376(2)(f) of the Indian Penal Code. He came to be sentenced to suffer rigorous imprisonment for seven years apart from imposition of fine of Rs.5,000/- and default sentence of rigorous imprisonment for three months.

2. Facts in brief leading to the prosecution of the appellant/accused are thus :

(a) First Informant/P.W.No.2 Shantaben is grandmother of the victim female child/P.W.No.1. The victim female child/P.W.No.1 was about seven years of old at the time of the incident which took place on 05/07/2012. She was residing in a rented house along with her brother Varun, parents and grandmother P.W.No.2 Shantaben. Father of the appellant/accused was the landlord. On 05/07/2012, parents of the victim female child/P.W.No.1 went for searching alternate accommodation. The victim female child/P.W.No.1 along with her brother Varun and grandmother P.W.No.2 Shantaben were in the house which ran out of water. Hence, P.W.No.2 S








































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