KASHINATH NARAYAN GHARAT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal under Sec. 374 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dtd. 19/02/1999 passed by the learned Additional Sessions Judge, Palghar, in Sessions Case No.334 of 1996.

(2.) By the impugned judgment, learned Judge held the Appellant (hereinafter referred to as 'accused') guilty of offences punishable under Sec. 417 of the IPC. He has been sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.5000.00 i/d. to undergo rigorous imprisonment for six months.

(3.) The case of the prosecution in brief is as under:- The prosecutrix(PW1) had lodged the FIR alleging that the accused had sexual relationship with her with promise of marriage. He subsequently declined to marry her. Based on the FIR at Exhibit-6 lodged by the prosecutrix crime came to be registered against the accused for offences punishable under Ss. 376 and 417 of the IPC.