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2020 Supreme(Bom) 1032

A.S.GADKARI
Sanjay Dhondu Manchekar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :M.H. Jahagirdar, Advocate.
For the Respondent: Amit Palkar, A.P.P.

JUDGMENT :

1. Being dissatisfied with the Judgment and Order dated 18th March 2010, passed by the learned Additional Sessions Judge, Mumbai in Sessions Case No. 190 of 2009, convicting the appellant under Section 420 of the Indian Penal Code (for short, “I.P.C.”) and sentenced to suffer rigorous imprisonment for five years and to pay a total fine of Rs.10,000/-, in default of payment of fine to further suffer simple imprisonment for six months, the appellant has preferred the present Appeal.

By the same Judgment and Order dated 18th March 2010, the Trial Court has been pleased to acquit appellant for the offence punishable under Sections 376 and 506 of the I.P.C.

2. Heard Mr. Jahagirdar, learned counsel for the appellant and Mr.Palkar, learned A.P.P. for the respondent-State. Perused entire record.

3. The prosecution case in nutshell is that, the marriage of complainant (PW-1) was scheduled in December 1998. In the marriage ceremony itself, her husband expired due to heart attack and the prosecutrix was not willing to marry for second time. The complainant was visiting house of her sister namely, Suchita Dhurat (PW-2) who was residing at Wadala. The brother of her brother-in-law introd

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