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2023 Supreme(Bom) 431

VIBHA KANKANWADI, Y. G. KHOBRAGADE
Suresh S/o Devidas Malche – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. S. K. Adkine, Advocate
For the Respondent: Mr. A. V. Deshmukh, Adv

JUDGMENT :

Smt. Vibha Kankanwadi, J.

Present appeal has been filed by the original accused challenging his conviction by learned Additional Sessions Judge, Amalner, Dist. Jalgaon in Sessions Case No.25 of 2014 for the offences punishable under Section 376(2)(l) of Indian Penal Code on 08.09.2015. The appellant has been held guilty and directed to undergo imprisonment for life and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for two years.

2. The prosecution story is that the informant is the brother of the victim. Victim was aged 27, however, she is mentally retarded and was unable to speak properly. She was residing with informant, his wife and the other family members. The victim is unmarried. FIR came to be lodged by the informant on 10.05.2013 stating that he had gone to Kolhapur district to work on bricks kiln about eight months prior to the FIR and his wife and daughter were along with him. The victim as well as the younger brother were at their native place. The younger brother is an agriculture labour. About 8 days prior to 10.05.2013, Sarpanch of the village of the native place of the victim and informant gave telephone call to the informant and info

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