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2021 Supreme(Bom) 349

SANDEEP K.SHINDE
Avishek Asit Mitra – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Mr. Raja Thakare, Sr. Adv. With Mr. Shreeram Shirsat with Mr. Amandeep Singh Sra with Mr. Aakash Pathare
For the Respondent: Ms. Sharmila Kaushik, APP, PSI P.S. Khamkar, Borivali Police Station present.

JUDGMENT :

Heard.

2. Rule.

3. With consent of the learned counsel for the parties, matter is taken up for final hearing forthwith.

4. Applicant’s application for discharge under Section 227 of the Code of Criminal Procedure, 1973 did not find favour with the Additional Sessions Judge, Borivali Division, Dindoshi. Hence, this revision under Section 397 read with Section 401 of the Cr.P.C.

5. The allegations in the First Information Report are summarised as under :

(a) According to the complainant, she and the applicant know each other since 2012. Both were working in, one Grand Hyatt Hotel at Mumbai. Their friendship blossomed and applicant assured that he would marry her. In the complaint, it has been stated that applicant promised to marry her and then exploited her emotionally and mentally to have physical relations with her frequently. In October, 2012 in Hotel Cafeteria twice they had physical intimacy. It has been stated in the complaint that in October/November, 2012 both had been to Matheran (Hill Station) and Alibag where applicant had established sexual relationship with her. Thereafter, she was conceived. At that time, the complainant told him that it would be better to get mar

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