LAWS(BOM)-2023-3-106

SAMEER AMRUT KONDEKAR Vs. STATE OF MAHARASHTRA

Decided On March 29, 2023
Sameer Amrut Kondekar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) By the present Revision Application, the Applicant has raised challenge to the order dtd. 1/3/2019 passed by the Additional Sessions Judge, Sessions Court at Dindoshi (Borivali Division), below Exhibit 4, rejecting application for discharge filed by the Applicant, on the ground that the present case is not of consensual sexual intercourse, but as per the complaint filed by the prosecutrix, some time it was forcible, also.

(2.) Heard Mr. Girish Kulkarni, the learned senior counsel for the Applicant and Ms.P.N. Dabholkar, learned APP for the State. The subject CR came to be registered on the complaint filed by the complainant/prosecutrix, aged 27 years, who, by lodging the complaint on 17/2/2016 reported that, in the year 2008 she was introduced to the Applicant through Orkut Website and thereafter a bond of friendship developed between them and whenever, she used to visit Mumbai, she used to meet him.

(3.) The above complaint resulted in invoking offence under Sec. 376, 323 of the Indian Penal Code and Sec. 67 of the Information Technology Act.