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2018 Supreme(Bom) 2202

SADHANA S.JADHAV
Sumit Dattatray Nikam – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Harshad Sathe a/w. Amogh P. Khadye I/b. Ms. Sonam Singh, Advocates, for the Applicant; Ms. Kalyani Pramod Shivalkar, Advocate, for the Complainant Present in Court; S.H. Yadav, APP, for the State

JUDGMENT

Sadhana S. Jadhav, J. -Heard the learned Counsel for the applicant and the learned APP for the State. Perused the papers of investigation.

2. This is an application under section 439 of the Code of Criminal Procedure, 1973. The applicant herein is arrested on 8/1/2018 in Crime No. 3 of 2018 registered at Mahad MIDC Police Station for offence punishable under section 376(2)(n), 417, 420, 323, 504 of the Indian Penal Code.

3. It is the case of the prosecution that on 7/1/2018 one Ms. Kalyani Shivalkar lodged a report at the police station alleging therein that she is working in Samsung Mobile Gallery. She was transferred to Mahad. She had no room to stay. Shrikant Pawar had helped her to get accommodation. Shrikant Pawar was staying with Sumit Nikam i.e. the present applicant. He had also started residing with them in the same flat. According to her, after one week, the present applicant had expressed his love for her. She had disclosed to him that she was married in the year 2009. That she was not residing with her husband since the marriage was without her consent. He still insisted upon her to get married. In the year 2015, she had obtained divorce from her first husband.

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