RAJESH S/O LAXMANRAO KADU Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2016-12-5
HIGH COURT OF BOMBAY
Decided on December 02,2016

Rajesh S/O Laxmanrao Kadu Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

V.M.DESHPANDE, J. - (1.) The present appeal is directed against the judgment and order of conviction dated 7/4/2001 in Special Case No.37/1993 passed by learned 2 nd Additional Sessions Judge, Yavatmal by which the learned Judge of the Court below convicted the appellant for the offence punishable under Section 354 and 448 of Indian Penal Code and directed to suffer sentence of rigorous imprisonment for 2 years and to pay a fine of Rs.2,000/- and in default to pay fine further rigorous imprisonment for 6 months on account of his conviction for the offence punishable under Section 354 of Indian Penal Code and awarded sentence of 1 year rigorous imprisonment and to pay a fine of Rs.1,000/- and in default further rigorous imprisonment for 3 moths on account of conviction under Section 448 of Indian Penal Code.
(2.) A charge was framed against the appellant in Special Case No.37/1993 for the offence punishable under Section 354, 448 and under Section 3(1)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The learned Judge of the Court below acquitted the appellant for the offence punishable under Section 3(1)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, however, State chose not to prefer any appeal against it.
(3.) The incident in question is dated 10/5/1993. According to the prosecution, the incident had occurred inside the house situated at village Arli of District Yavatmal. According to the prosecution, at the time of incident the prosecutrix - a married woman came to her paternal house from Adilabad. As per the prosecution on the day of incident i.e. 10/5/1993 at 9 a.m. she was taking meals inside house. That time, the appellant forced his entry and kept his hand on the shoulder of the prosecutrix and thereby outraged her modesty.;


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