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2022 Supreme(Bom) 1285

PRAKASH D.NAIK
Santosh Mukund Ghotekar – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Akshay Bankapur, Advocate, Rohit Gorade, Advocate, Satyavrat Joshi, Advocate, Arfan Sait, Advocate

JUDGMENT

Prakash D. Naik, J. - The appellant challenges the judgment and order dated 20th October 2016 passed by additional Sessions Judge, Nashik in Sessions Case No.258 of 2015 whereby appellant is convicted for the offence punishable under Section 376(2)(i) of Indian Penal Code and sentenced to suffer rigorous imprisonment for 10 years and pay fine of Rs.10,000/-. The appellant was also convicted for offence under Section 363 of Indian Penal Code and sentenced to suffer imprisonment for 3 years and pay fine of Rs.5,000/-. He is further convicted for the offence under Section 366 of Indian Penal Code and sentenced to suffer imprisonment for 3 years and to pay fine of Rs.5,000/-.

2. The prosecution case is as under :-

    (a) The victim girl was aged around 15 years and 9 months on the date of incident. The report was lodged on 12th June 2015 alleging that victim girl was missing from Saptashrungi Gadh. The first informant is the mother of victim girl. On 12th June 2015 the informant received a phone call from Pimpalgaon Baswant Police that victim girl is found at Pimpalgaon Baswant. The informant approached the said Police Station;

    (b) The victim girl informed the complainant that accuse

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