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R.C.LAHOTI, BRIJESH KUMAR
Syed Gani – Appellant
Versus
State of Maharashtra – Respondent


Counsel for the Parties :
For the Appellant :Ms. Laxmi Arvind, Mrs. Poonam Prasad and Ms. Jaya Sinha, Advocates.­
For the Respondent:S.S. Shinde and V.N. Raghupathy, Advocates.

Judgment

R.C. Lahoti, J.—The Additional Sessions Judge, Nanded has held the accused-appellant­ guilty of offences punishable under Sections 302, 201 and 506 of the Indian ­Penal Code. He has been sentenced to rigorous imprisonment for life with a fine of Rs. 1000/-, in default to suffer rigorous imprisonment for three months under Section 302 IPC. He has been further sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs. 500/-, in default to suffer rigorous imprisonment for one month, under Section 201 IPC. He has also been sentenced to suffer rigorous imprisonment for three months under Section 506 IPC. All the substantive sentences have been directed to run concurrently. The accused-appellant challenged his conviction and sentences before the High Court of Bombay, Aurangabad Bench but unsuc­cessfully. The present appeal is by special leave.

2. According to the prosecution Sonerabi, PW 5 was married to one Mehboob (not ­examined as a witness in the case). Within 15 days of the marriage it was found that Sonerabi was pregnant. Mehboob got Sonerabi medically examined. She was found to be in an advanced stage of preg­nancy. She admitted to have conceived from

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