LAWS(BOM)-2013-6-99

ASHOK SOMNATH GHODKE Vs. STATE OF MAHARASHTRA

Decided On June 10, 2013
Ashok Somnath Ghodke Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The petitioner/applicant (applicant) is the brotherinlaw of respondent No.2. The respondent No.2 had filed a complaint against her husband, his mother and the applicant herein under Sections 498A, 506 r.w Section 34 of the Indian Penal Code (IPC) as also under Section 354 of the IPC against the applicant. All the accused have been acquitted of the charge under Sections 498A and 506 r.w Section 34 of the IPC. The petitioner has been convicted of the charge under Section 354 of the IPC.

(2.) The order of the learned Judicial Magistrate First Class, Court No.3, Pune dated 24th February, 2009 in that behalf has been challenged by the applicant herein before the Additional Sessions Court, Pune. The Additional Sessions Judge, Pune has dismissed his appeal and confirmed the order of conviction and sentence on 16th June, 2012 which has been challenged in this revision application.

(3.) The case of outraging the modesty of respondent No.2 who is the sisterinlaw of the applicant herein has to be seen essentially only from her evidence as the incident transpired within the confines of the the kitchen in the house of respondent No.2, though another witness has been examined in that behalf also.