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2019 Supreme(Bom) 1225

ROHIT B.DEO
Mohan s/o Digambar Lokhande – Appellant
Versus
State of Maharashtra, through Police Station Officer – Respondent


Advocates Appeared:
For the Appellant :Ms. F.N. Haidri, Advocate
For the Respondent: Shri. T.A. Mirza, APP

JUDGMENT :

This appeal questions the judgment dated 06.02.2019 rendered by the Additional Sessions Judge-3, Yavatmal in Special (POCSO) Case 9 of 2018 whereby the appellant – accused is convicted for the offences punishable under Section 376 (2)(n) of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for a term of ten years and to payment of fine of Rs. 15,000/- and in default to suffer simple imprisonment for one year, and is further convicted for the offence punishable under Section 506 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for a term of two years and to payment of fine of Rs.1000/- and in default to suffer simple imprisonment for one month.

2. The prosecution case :-

2.1. The victim lodged report dated 05.11.2017 at the Ner Police Station (Exh.21) alleging that the accused abducted and subjected her to forcible sexual intercourse multiple times at the jungle at Arni.

2.2. The victim alleged that on 31.10.2017 at 01:00 p.m. she received a message on her cell phone from the accused that the amount (government subsidy – grant) of her cycle is deposited at the Union Bank, Ner and that she should come near the said Bank the next da

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