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2024 Supreme(Bom) 205

ABHAY S. WAGHWASE
Pravin Popat Kharat – Appellant
Versus
State of Maharashtra Through Police Inspector, Supa Police Station, Ahmednagar – Respondent


Advocates Appeared:
For the Appellant : Mr. Sanjay Bhaskar Shirsat.
For the Respondents: Mr. N.D. Batule, APP, Mr. Arvind G. Ambetkar.

JUDGMENT :

1. Convict for offence under Section 376(1) of the Indian Penal Code (IPC) and Section 4 of the Protection of Children from Sexual Offences (POCSO) Act, is hereby assailing the judgment and order dated 13-09-2022 passed by the Special Judge under POCSO Act, Ahmednagar in Special Case No.109 of 2019.

CASE OF PROSECUTION IN BRIEF

2. PW1 Victim studied in 11th standard in Shri Sant Nilobaray Mahavidyalaya at Ralegansiddhi. In marriage of one Yogesh Jadhav, victim got acquainted with accused. Thereafter, there were talks of marriage but as victim had not completed 18 years of age and was pursuing education, marriage proposal was not accepted. However, accused started meeting victim inspite of her refusal. Accused threatened her and forcibly took her in a hotel and against her wish and without her consent, he had sexual intercourse with her several times. Subsequently, her pregnancy was revealed and therefore, on 17-02-2019, she consumed insecticide and was required to be hospitalized. While taking treatment, her statement was recorded and crime was registered which was finally investigated by PW14 Sone (API), who on completion of investigation, chargesheeted accused and was fur

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