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2023 Supreme(Bom) 1152

G. A. SANAP
Virendra Dinkarrao Pilondre – Appellant
Versus
State of Maharashtra, through its Police Station Officer – Respondent


Advocates Appeared:
For the Applicant : Mr. Sangram V. Sirpurkar.
For the Non-applicant : Mrs. Mayuri H. Deshmukh, A.P.P., Ms. Shital V. Dhawas.

JUDGMENT :

1. In this revision application, challenge is to the order dated 27.11.2021 passed below Exh.5 by learned Special Judge, Nagpur, whereby the learned Judge rejected the application (Exh.5) made by the applicant/accused for discharge in crime bearing No. 208/2010 for the offences punishable under Sections 376, 493, 496 and 417 of the Indian Penal Code.

BACKGROUND FACTS :-

2. The informant in this judgment would be referred as prosecutrix. On the report lodged by the prosecutrix on 18.07.2010, a crime bearing No. 208/2010 was registered at Police Station, Dhantoli, Nagpur for the offences punishable under Section 376 of the Indian Penal Code and under Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “the Atrocities Act” for short). The investigation in the crime culminated into filing of the charge-sheet. Briefly, it is the case of the prosecution that in the year 2001, the accused and the prosecutrix were preparing for competitive examination. They were residing at Nagpur. They would attend library of Pradnya Prabodhini Institute for studies. Friendship developed between them. The friendship blosso

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