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2021 Supreme(Bom) 353

SADHANA S.JADHAV, SARANG V.KOTWAL
Balu Kundalik Patil – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Niranjan Mundargi, Advocate i/b. Manish Rai,
For the Respondent:Ms. S.V. Sonavane, APP, Ms. Rebecca Gonsalvez, Advocate (appointed)

JUDGMENT :

SARANG V. KOTWAL, J.

1. The appellant has preferred this appeal challenging the judgment and order dated 25.7.2013 passed by the learned Special Judge (Atrocities Act), Raigad at Alibag passed in Special Criminal Case No.5/2013. By the impugned judgment and order, the appellant was convicted for commission of the offence punishable under Section 376(2) and was sentenced to suffer life imprisonment and to pay a fine of Rs.5,000/-; and in default of payment of fine he was sentenced to suffer further RI for one year. The appellant was further convicted for commission of the offence punishable under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, “Atrocities Act”) and was sentenced to suffer RI for five years and to pay a fine of Rs.5,000/-; and in default of payment of fine to suffer further RI for one year. The sentences were directed to run concurrently. On depositing of the fine amount, Rs.9,900/- was directed to be paid to the mother of the victim. The appellant was given set-off for the period which he had undergone since the date of his arrest i.e. from 21.11.2010. The District Special Social Welfare Office

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