ARUN SHRAWAN PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The question that arises for my consideration is, whether the evidence of Victim-Rekha Anant Patil (P.W.9) and of her, husband Anant Patil (P.W.1), has established beyond a reasonable doubt, that the appellant was guilty of taking away or enticing victim, (a married woman) from the care of her husband with intent that she may have illicit intercourse with him.

(2.) Appellant has been convicted for the ofence punishable under Section 498 of the Indian Penal Code, 1860 ('IPC' for short) and sentenced to undergo rigorous imprisonment for two years and to pay fne of Rs.2,000/- with default stipulation vide judgment dated 15th May, 1998 in Sessions Case No.44 of 1996 passed by the learned 2nd Additional Sessions Judge, Raigad at Alibag.

(3.) Prosecution case in brief is, that the complainant married, Rekha in May, 1995. Rekha's matrimonial house was at Nerul; whereas her parental house was at Vahal. Complainant said, on 31st October, 1995 at around 8.30 a.m., appellant informed him on telephone that he had abducted his (complainant) wife. Soon thereafter, husband enquired with in-laws. Whereupon, he was told by motherin-law that, Rekha, had left for Nerul (matrimonial house) on the earlier day (30th October, 1995) at 3.30 p.m. Thereafter, husband lodged the complaint whereupon the ofence under Section 366 of the IPC was registered.