LAWS(BOM)-2010-9-16

SUNIL JANYA DABKA Vs. STATE OF MAHARASHTRA

Decided On September 21, 2010
SUNIL JANYA DABKA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard the learned Counsel for the Appellant and the learned APP for the State.

(2.) The Appellant is challenging the judgment and order passed by the Additional Sessions Judge, Palghar dated 16.12.2000. By the said judgment and order, the Learned Sessions Judge was pleased to convict the accused for the offences punishable under Section 417 of the Indian Penal Code and sentenced him to undergo R.I. for one year and to pay fine of Rs. 500/- and, in default, to suffer further R.I. for two months. The Appellant-accused, however, acquitted for the offences punishable under Section 376 of the Indian Penal Code.

(3.) A complaint was filed by the prosecutrix, in which she alleged that the Appellant had sexually intercourse with her and she had given a consent for the said sexual intercourse since the accused had given a false promise of marrying her. However, after she became pregnant, the accused refused to marry her.