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2020 Supreme(Bom) 882

SADHANA S.JADHAV, N.J.JAMADAR
Sayyad Shabbir Sheikh Alias Sayyad Shabbir Saha – Appellant
Versus
State Of Maharashtra – Respondent


Advocates Appeared:
Madhusudan Pareek, Advocate, M.H. Mhatre, Advocate

JUDGMENT

N.J. Jamadar, J. - The challenge in this appeal is to the judgment of conviction and order of sentence dated 20th December, 2016 passed by the learned Additional Sessions Judge, Vasai, in Special Case No.1 of 2015, whereunder the appellant - accused came to be convicted for the offences punishable under Section 376 (2) (i) and (n); 323 and 506 of the Indian Penal Code, 1860 ("IPC") and sentenced to suffer imprisonment for life and pay fne of Rs.10,000/- on the frst count and rigorous imprisonment for six months and fne of Rs.5000/- each, on the second and third count, with default stipulation.

2. The accused came to be prosecuted for having committed rape on his minor daughter (hereinafter referred to as, 'the victim') repeatedly after threatening her out of her life and for causing hurt when she resisted, with the following accusation:

    (a) The accused was residing at Anandnagar slum, Vasai (West) along with his 15 year old daughter (the victim) and 6 year old son. His wife and the mother of the children had left them. She solemnized second marriage. The accused was working as a rag picker.

      (b) Since one year prior to 4th November, 2014, the accused had sexually exploited t

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