AMAR S/O SHRAWAN PATIL Vs. STATE OF MAHARASHTRA,
LAWS(BOM)-2018-1-149
HIGH COURT OF BOMBAY (AT: NAGPUR)
Decided on January 30,2018

Amar S/O Shrawan Patil Appellant
VERSUS
STATE OF MAHARASHTRA, Respondents

JUDGEMENT

- (1.) The appellant is aggrieved by the judgment and order dated 27.01.2016 passed by the learned Additional Sessions Judge, Warora in Sessions Case 1/2014, by and under which, the appellant is convicted for offence punishable under Section 376 of the Indian Penal Code (" IPC " for short) and is sentenced to suffer rigorous imprisonment for ten years and to payment of fine of Rs.500/- and is further convicted for offence punishable under Section 452 of the IPC and is sentenced to suffer rigorous imprisonment for three years and to payment of fine of Rs.500/-. The appellant (hereinafter referred to as the "accused") is acquitted of offence punishable under Section 323 of the IPC.
(2.) Heard Shri D.A. Sonwane, learned Advocate appointed for the appellant and Shri H.R. Dhumale, learned Additional Public Prosecutor for the respondent-State.
(3.) Shri D.A. Sonwane, learned Advocate for the accused submits that the evidence on record would suggest that the sexual intercourse was consensual and that the prosecutrix cried foul only because her husband came to know of the incident from the villagers. Per contra, Shri H.R. Dhumale, learned Additional Public Prosecutor for the respondent-State contends that consent, if at all, was given when the prosecutrix was not in a position to understand the nature and consequences of the act due to intoxication and the prosecution has established offence punishable under Section 375 of the IPC in view of the provisions of Section 375 fifthly.;


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