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2018 Supreme(Bom) 3019

V.M.DESHPANDE
Prabhu @ Prabhakar – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
V. N. Morande, Advocate, for the Appellant; Mrs. S. V. Kolhe, A. P. P, for the Respondent/State

JUDGMENT

V. M. Deshpande, J. (Oral) - Challenge in the present appeal is set up to the judgment and order of conviction passed by the learned 1st Adhoc Additional Sessions Judge, Gadchiroli, dated 29.3.2005 in Sessions Case No.70 of 1996, by which the appellant stands convicted for the offence punishable under Section 376(1) of the Indian Penal Code and is directed to suffer rigorous imprisonment for Seven years and to pay a fine of Rs. 1,000/and in default of payment of fine to suffer further rigorous imprisonment for six months.

2. The prosecution case is in narrow compass and that can be narrated herein under :

A] The criminal law was set into operation by the victim (PW1) by lodging her oral report with Police Station, Chamorshi on 05.2.1996. As per the oral report, the day of the incident was Monday and at about 6.00 O''clock in the evening, she was present in her agricultural field and was collecting vegetables. After collecting the same, when she was proceeding towards her house, at that time the accused came inside her field and without uttering anything caught hold her, removed her clothes, pressed her neck and mouth, thereafter removed his own clothes and put his private p

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