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2021 Supreme(Bom) 61

REVATI MOHITE DERE
Gourav Narendra Singh – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Vinod V. Kashid
For the Respondent: Mr. S. V. Gavand, A.P.P.

JUDGMENT :

1 By this appeal, the appellant has impugned the judgment and order dated 29th March 2017, passed by the learned Additional Sessions Judge, Greater Bombay, in Sessions Case No.500 of 2013, convicting and sentencing him as stated hereinunder :

    for the offence punishable under Section 376 of the Indian Penal Code, to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.2,00,000/-, in default of payment of fine, to suffer further rigorous imprisonment for 1 year;

for the offence punishable under Section 506 of the Indian Penal Code, to suffer rigorous imprisonment for 2 years and to pay a fine of Rs.50,000/-, in default of payment of fine, to suffer further rigorous imprisonment for 3 months.

Both the aforesaid sentences were directed to run concurrently.

The fine amount, if recovered, was to be paid as compensation to the victim.

2. The prosecution case, in brief, is as under :

The appellant is the cousin brother of the prosecutrix, who was aged 13 years (a minor) at the time of the alleged incident i.e. the grandfather of the appellant and grandfather of the prosecutrix are real brothers. The prosecutrix was residing with her maternal grandparents and maternal unc

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