SHANTIBAI SHRICHAND KSHYATRIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant has challenged the common impugned judgment and order of conviction dated 15.06.2010 passed by the Bombay High Court in Criminal Appeal No.472/1992 whereby the High Court allowed the criminal appeal partly and the appellant was held guilty for the offence punishable under Sec. 201 read with Sec. 34 Penal Code and was directed to suffer sentence of simple imprisonment for two years.

(2.) The facts of the case are that on 29.05.1989 Sulochana sister of Laxman Gangaram PW-1 married with accused Baban. At that time accused Baban was working at Boisar and was staying in the house of the appellant herein as a paying guest. Sulochana stayed with her in laws at village Udapur Taluka Junar District Pune.

(3.) After 6-7 months, Sulochana expressed her desire to go to Boisar and stay with her husband. PW-1 Laxman and his brother told accused Baban to take his wife at Boisar. However he expressed his inability as he had no accommodation and demanded Rs.20,000.00. Then PW-1 Laxman took Sulochana to the house of the appellant at Boisar and she stayed there for 25 days and she was brought back to village Udapur by husband. Sulochana told her brother about the ill treatment and harassment by the husband Baban (accused No.1) and accused No.3 Kisan for demand of Rs.20,000.00. At that time she told that accused Baban had illicit relations with the appellant. Even then PW-1 Laxman took her to Boisar to the house of the appellant.