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2023 Supreme(Bom) 2016

VINAY JOSHI, VALMIKI SA MENEZES
Sheshrao – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Abhishek S.Shukla, Advocate, S.M.Ghodeswar, Advocate, Pushkar A.Deshpande, Advocate

JUDGMENT/ORDER

VINAY JOSHI, J. - Heard.

2. Admit.

3. This application poses a question about propriety in invoking inherent powers of this Court in the premise of a settlement, after recording of the evidence of material witnesses.

4. The applicant, a sole accused, is facing a trial arising out of Crime No. 696/2020 for the offences punishable under Ss. 354, 354-A, 452, 504, 506 of the Indian Penal Code ('IPC'). The applicant (accused) is the elder brother of informant's husband. The informant lodged a report On 12/12/2020 regarding an incident dtd. 10/12/2020. It is the informant's contention that on that day around 02.00 p.m., while she was alone at her house with her minor daughter, the accused arrived, caught hold of her from behind and touched her breast. The informant somehow escaped and raised a protest. The accused left the place after abusing and threatening the informant. The informant telephonically called her father, returned to her parental house and then lodged a report. The Police investigated the matter, and on its completion filed a final report. On denial of guilt by accused, trial commenced. The prosecution examined three witnesses including the informant. Besides th

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