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2022 Supreme(Bom) 1985

ROHIT B. DEO, URMILA JOSHI-PHALKE
Harishchandra Sitaram Khanorkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
A.S. Dhore, Advocate, Sheikh Sohailuddin, Advocate, Yash Bangale, Advocate, M.J. Khan, Advocate

JUDGMENT

Urmila Joshi-Phalke, J. - Heard finally with the consent of learned Counsel for the parties.

2. The appellant herein is convicted for the offences punishable under Section 376(2)(f)(j)(i)(n) of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.25,000/- in default to suffer simple imprisonment for a period of one year.

3. The prosecution case in brief is as under :

    A] On 02/12/2013, mother of the victim girl had lodged report at police station Hudkeshwar, Nagpur alleging that victim is her daughter. Father of the victim is not alive and informant who is the mother had performed second marriage. The accused Harishchandra Khanorkar whom she used to treat as her brother. She was working as a domestic servant in the house of accused. Her daughter who is the victim was staying with accused in his family consist of his daughter and son. Informant further alleged that after she performed second marriage, victim continued to stay along with the accused. Accused admitted victim in the school and victim is now studying in the 11th standard. Before a month victim approached to her at her house on 28/11/2013 and complained about abdominal pain. She c

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