STATE OF MAHARASHTRA Vs. ASHOK TUKARAM DHAMNE

JUDGEMENT

(1.) The present Criminal Appeal is preferred against the judgment and order passed by the Learned 4th Additional Sessions Judge, Nashik dated 27th November, 2003 in Sessions Case No. 167 of 2002, whereby Respondents herein (Orig. Accused Nos. 1 to 6) were acquitted for the offences charged against them.

(2.) Heard learned APP, Mr H J Dedhia for the Appellant State and Mr Sujay Gawade for Respondent Nos. 1 to 4 and 6. (Respondent No. 5 during pendency of the Appeal expired.)

(3.) The case of the prosecution is reflected through PW 1 (Prosecutrix), through first information report based on statement of prosecutrix recorded in Bytco Hospital, Nashik Road on 05th January, 2002. PW 1(Prosecutrix) stated that her brother, namely, Rajendra along with herself were running a shop on rental basis since year 1999 which is situated in the premises of one Pavan Apartment. Accused No. 3 Sukhdeo Maruti Gawli was the owner of the said shop. It was further stated that on an assurance given by Accused No. 3 Sukhdeo who was a military personnel that he would arrange for an employment for her brother in military services, therefore, mother of prosecutrix and her brother gave an amount of Rs. 1,00,000/- to Accused no. 3. Accused No. 3 Sukhdeo failed to provide any employment to Rajendra in military services, as such, Rajendra and his mother as well as prosecutrix made a demand to return the said amount. Accused No. 3 Sukhdeo instead of returning the said amount has provided the said shop on rental basis and it was agreed between the parties to adjust the amount of rent as against the amount of Rs. 1,00,000/-. Accused No. 3 Sukhdeo was insisting for vacating the shop. As against demand of Accused No. 3 Sukhdeo, the brother Rajendra and prosecutrix were insisting for continuation of his shop till the entire amount of Rs. 1,00,000/- is adjusted against the rent.