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M.N.GILANI
Chandrashekhar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Anand Parchure, Advocate.
For the State: S.S. Doifode, APP.

JUDGMENT

M.N. Gilani, J.—This appeal arises out of the judgment and order dated 22.1.2004, passed by Ad hoc Additional Sessions Judge, Gadchiroli in Sessions Case No.22/2009 whereby the appellant was convicted for an offence under Section 376(1) of the Indian Penal Code and sentenced to suffer R.I. for seven years and to pay fine of Rs.2,000 in default to suffer R.I. for six months.

2. The prosecution case as unfolded in the first information report is thus: the accused was a teacher in a School at village Muska, tahsil Dhanora, district: Gadchiroli. Victim and her parents reside in the same village. They were acquainted with the accused. At the relevant time the age of the victim was 16-1/2 years. She had patches of leucoderma (white patches) on her forehead and hand. The accused suggested to her parents that he was acquainted. with some doctor at Nagpur who would be able’ to provide treatment to the girl. Accused carried girl to Nagpur and for meeting the expenses of the treatment obtained Rs.2,000 from her father. On the way to Nagpur they stayed in a lodge at Gadchiroli. It is alleged that in the night the accused had sexual intercourse with the girl.

Thereafter she was carried

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