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2019 Supreme(Bom) 1999

B.P.DHARMADHIKARI, PRAKASH D.NAIK
Vasant Jaiwant Palande – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Uday Warunjikar, Adv., Nikhilesh Pote, Adv., Arfan Sait, Adv.

JUDGMENT

Prakash D. Naik, J. - The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure (hereinafter referred to as "Cr.P.C." for short) challenging the judgment and order dated 09.09.2011 passed by the District Judge - 12 and Additional Sessions Judge, Pune in Sessions case No. 141 of 2010, convicting the appellant for the offence punishable under Section 302 of Indian Penal Code (hereinafter referred to as "IPC" for short) and sentencing him to suffer rigorous imprisonment for life and to pay fine of Rs.3,000/- and also convicting the appellant for the offence punishable under Section 376 read with Section 511 of the Indian Penal Code thereby he was sentenced to suffer rigorous imprisonment for three years and six months and to pay fine of Rs.3,000/-.

    2. The prosecution case is as follows :

        (a) The victim was a young girl of 15 years of age. She was ravished by the accused and since he did not succeed in his attempt of committing rape on her, he committed murder of the victim Chhoti @ Sujata @ Sulochana. The accused was aged about 62 years.

          (b) It is alleged that the deceased girl was missing on 13.10.2011. It was a date of election and therefore

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