RAJKUMAR SHAHIR KHANDEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being aggrieved and dissatisfed with the order passed by the learned Additional Sessions Judge, Pandharpur dated 10.02.2020 in Criminal M.A. No.87 of 2020 under Sections 376(2)(n), 323, 504, 506 read with Section 34 of the Indian Penal Code and under Sections 3(1)(r), (1)(s), 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Atrocities Act), the appellant/accused has preferred the present appeal.

(2.) Facts giving rise to the present appeal are summarized as under:-

(3.) On 01.11.2019 the appellant/accused called informant/victim and disclosed that he has registered their names for marriage in the Court. He asked the informant/victim to rush Pune on 02.11.2019. The appellant/accused provided money to the informant/victim through his friend. The informant/victim reached Pune on 02.11.2019. The appellant/accused took her to Alandi. They stayed there for four days. During the said period, the appellant/accused indulged in physical relations with the informant/victim despite her refusal. The informant/victim asked the appellant/accused to perform marriage, however, the father of appellant/ accused came there and asked him to leave the informant/victim as she belongs to Scheduled Caste. The appellant/accused insisted the informant/ victim to call her mother and disclosed her about their marriage. Accordingly, the informant/victim called her mother and disclosed her that she married to the appellant/accused. The mother of informant/victim advised her to visit at Kolhapur and stay with her cousin sister for some period. Accordingly, the appellant/accused and the informant/victim reached at Kolhapur and resided there about 20 days. During the said period, the appellant/accused used to talk with his father everyday. His father asked him to leave the informant/victim. Thereafter, at the advise of appellant's mother, both of them came to reside at Isbavi, Tal. Pandharpur in a rented premises. The appellant/accused left the informant/victim alone and went to his house. The appellant/accused started abusing the informant/victim on her caste and disowned her. Therefore, the informant/victim lodged FIR against the appellant/accused for the ofence mentioned above.