JAGDISH RAGHUNATH MANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant herein is convicted of the ofence punishable under Section 417 of the Indian Penal Code, 1860 ('IPC' for short) and sentenced to sufer rigorous imprisonment for six months and to pay fne of Rs.200/- in default to sufer simple imprisonment for one month.

(2.) It is against the conviction and sentence passed in Sessions Case No.256 of 1996 by the Additional Sessions Judge, Palghar, convict has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 ('Cr.P.C.' for short).

(3.) Prosecution case in brief, is that, prosecutrix was working on construction site where she be-friended with the accused and in short span, they engaged in sexual relations, on more than one time. She would allege, appellant did not disclose his marital status but presuming, he would marry her, she submitted to his sexual desires on more than one occasion. Later, when she learnt that applicant was married, but by the time, she was pregnant, Soon thereafter, she lodged the complaint in September, 1990 whereupon the ofence punishable under Section 376 of the IPC was registered against the accused. Pending investigation, prosecutrix delivered a baby girl.