Decided on October 06,2017

State Of Maharashtra Through Police Station Officer Appellant
Arvind Kashinath Bondekar Respondents


T.V. Nalawade, J. - (1.) The appeal is filed against the judgment and order of Sessions Case No.96/1997 which was pending in the Court of the learned Additional Sessions Judge, Jalgaon. The respondent-accused is acquitted of the offences punishable under sections 376, 354, 509, 506 of the Indian Penal Code and so the decision is challenged by the State. Both the sides are heard.
(2.) In short, the facts leading to the institution of the appeal can be stated as under : The prosecutrix is a married woman and she was 28 years of age at the relevant time. She and her husband are residents of Pimparkheda, Tahsil Jamner. She has three issues. In the past she had received treatment in the hospital of the accused which is situated at Jamner. Wife of the accused is also practising as doctor in the same hospital.
(3.) The prosecutrix was suffering from abdominal pain and so in the past she along with her husband had visited the hospital of the accused. For few days the treatment was taken by taking medicines prescribed by the wife of the accused but there was no relief to the prosecutrix. She and her husband went to the hospital of the accused on 30-1-1997. This time the accused examined the prosecutrix. As the accused is a renowned practitioner the prosecutrix had decided to take treatment from him. After clinical examination and after giving some medicines, the accused advised the prosecutrix to remain in the hospital for few days as indoor patient for receiving treatment. She was admitted and she was kept in special room where there were three cots but she was the only patient in the said room. Saline was used for giving treatment and intermittently the accused and his wife kept on checking the prosecutrix. The husband of the prosecutrix kept on visiting the hospital and visited the hospital till night 2 to 3 times and ultimately at 10 to 10.30 p.m. the husband left the hospital.;

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