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2021 Supreme(Bom) 1776

ANUJA PRABHUDESSAI
Kashinath Narayan Gharat – Appellant
Versus
State Of Maharashtra – Respondent


Advocates appeared:
Vrishali Raje, Advocate, S.V. Gavand, Advocate

JUDGMENT

anuja Prabhudessai, J. - This appeal under Section 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 19/02/1999 passed by the learned additional Sessions Judge, Palghar, in Sessions Case No.334 of 1996.

2. By the impugned judgment, learned Judge held the appellant (hereinafter referred to as 'accused') guilty of offences punishable under Section 417 of the IPC. He has been sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.5000/- i/d. to undergo rigorous imprisonment for six months.

3. The case of the prosecution in brief is as under:-

The prosecutrix(PW1) had lodged the FIR alleging that the accused had sexual relationship with her with promise of marriage. He subsequently declined to marry her. Based on the FIR at Exhibit-6 lodged by the prosecutrix crime came to be registered against the accused for offences punishable under Sections 376 and 417 of the IPC.

4. The crime was investigated by PW8-P.H.C.,Vishwas Bhosale. He recorded the statements of the witnesses, referred the prosecutrix for medical examination and after completion of the investigation filed the charge sheet against the accused for above st

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