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2024 Supreme(Bom) 268

ABHAY S. WAGHWASE
Munja, s/o. Jijabhau Bhange – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Appellant : Mr. Rahul O. Awasarmol, Adv.
For the Respondent-State: Mr. N. D. Batule, APP.

JUDGMENT :

1. Convict for offence punishable under Section 376 of the Indian Penal Code [IPC] is hereby assailing the judgment and order passed by learned Additional Sessions Judge dated 13.11.2019 in Session Trial No. 161 of 2011 wherein appellant is sentenced to suffer seven years rigorous imprisonment and to pay fine.

2. Bori police station filed challan against the present appellant for offence punishable under Sections 363, 366-A, 376, 506 of IPC alleging that, when victim PW2 was proceeding towards village at around 6.00 a.m. on 09.08.2011, accused appellant approached her, offered to marry her and further suggested that they should run away and perform marriage. Around 10.00 a.m., her parents went to work in the field and her other siblings went to Jintur and school respectively and around 7.00 p.m. that day, when she was alone in the house, she left the house and accompanied accused, who took her towards a mal near water tank and on promise of marriage, he had forcible intercourse with her and thereafter he threatened to finish her if she reports the incident to anyone. Accused then took her to Sailu and then to Nashik and kept her in the house of his relative for two days. S

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