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2020 Supreme(Bom) 1152

VINAY JOSHI
Dinkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :R.D. Hajare, Advocate
For the Respondent: M.H. Deshmukh, A.P.P.

JUDGMENT :

Vinay Joshi, J.

1. Heard finally by consent of both the learned Counsel appearing for the parties through video conferencing.

2. Appellant/convicted accused has exercised his statutory right of appeal in terms of Section 374 of the Code of Criminal Procedure, to challenge his conviction recorded by the Sessions Court in Sessions Trial No. 56 of 2016 dated 25.06.2019 for the offence punishable under Sections 363, 366, 376(2)(l) of the Indian Penal Code. The Trial Court held accused guilty for aforesaid offences and imposed maximum punishment to undergo rigorous imprisonment for ten years with total fine of Rs. 7000/- with stipulation of default. Though separate punishments were imposed for each offence, the Trial Court directed that all substantive sentences shall run concurrently.

3. The prosecution case, in nut-shell is that, the Informant PW-1-Sudhakar Dalwi was living at village Godhanapur alongwith his son and daughter aged 20 years. Informants' daughter i.e. Prosecutrix was mentally retarded, deaf and dumb. On 28.03.2016, around 7.00 pm, the Informant returned to his house from the field and found that his daughter was missing. He took search for her at nearby places, h

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