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2019 Supreme(Bom) 1267

SADHANA S.JADHAV
Dnyaneshwar Manjabapu Bange – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant :Mr. N.V. Gaware, Advocate.
For the Respondent:Mr. S.J. Salgare, A.P.P., Mr N.V. Gaware, Advocate.

JUDGMENT :

1. Heard learned Counsel for the appellant and learned A.P.P. for respondent – State.

2. The appellant herein is convicted for the offence punishable under Section 376 of Indian Penal Code and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.5,000/- in default of payment of fine to undergo simple imprisonment for six months. He is also convicted for the offence punishable under Section 4 of Protection of Children from Sexual Offences Act, 2012 and sentenced to suffer rigorous imprisonment for seven years and to pay fine of Rs.5,000/- in default of payment of fine to undergo undergo simple imprisonment for six months.

3. Such of the facts, as are necessary for the decision of this appeal are as follows :

4. The appellant herein was acquainted with the step mother of the victim, as he happens to be her distant relative. He used to visit the house of the victim quite often. That, one day, the appellant had attempted to outrage the modesty of the victim in her house, however, since there was visitor, he released her from his clutches. Then, on one day, when she was on her way to school, appellant-accused forcibly made victim to sit in his jeep. He

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