SANJAY DHONDU MANCHEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Being dissatisfied with the Judgment and Order dated 18 th March 2010, passed by the learned Additional Sessions Judge, Mumbai in Sessions Case No. 190 of 2009, convicting the appellant under Section 420 of the Indian Penal Code (for short, "I.P.C.") and sentenced to suffer rigorous imprisonment for five years and to pay a total fine of Rs.10,000/-, in default of payment of fine to further suffer simple imprisonment for six months, the appellant has preferred the present Appeal.

(2.) Heard Mr. Jahagirdar, learned counsel for the appellant and Mr.Palkar, learned A.P.P. for the respondent-State. Perused entire record.

(3.) The prosecution case in nutshell is that, the marriage of complainant (PW-1) was scheduled in December 1998. In the marriage ceremony itself, her husband expired due to heart attack and the prosecutrix was not willing to marry for second time. The complainant was visiting house of her sister namely, Suchita Dhurat (PW-2) who was residing at Wadala. The brother of her brother-in-law introduced complainant with the appellant. The appellant told complainant that, he would make efforts to get a good job to the complainant. The complainant thus got acquainted with the appellant. Their acquaintance blossomed in an affair. The appellant promised to marry with the complainant and established physical relations with her. It is the further prosecution case that, the appellant during the period of their affair i.e. from the year 2004 to 2008, under various pretext induced complainant to part with cash amount and/or valuable property to the tune of approximately Rs.4,61,650/-.