VINOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Appellant, who stood convicted for offence punishable under Sec. 341, 354, 366 and 506(2) of Indian Penal Code (IPC) is hereby assailing the judgment and order of conviction passed by learned Ad-hoc Additional Sessions Judge, Parbhani dtd. 22/5/2003 in S. T. No.192 of 2001.

(2.) New Mondha police station, Parbhani charge-sheeted present appellant, his brother and mother for commission of offence punishable under Sec. 366A, 366, 341, 354, 504, 506 read with sec. 34 of IPC on the accusation that, informant a 17 years old girl studying in 12th standard was regularly followed and chased by appellant. Whenever she went to attend college and tuition, intercepting her way, he expressed his love towards her and also expressed his desire to marrying her. She did not respond to the proposal and refused to reciprocate. Appellant therefore started issuing threats to burn down shop of her father, kill her brothers, if she refuses to marry him. Once on knife point, he forcibly made her accompany him to his house. He cut his own thumb and applied the oozing blood on her forehead and declared that, they both are now married and threatened her dire consequences if she informs it to anyone. Out of fear, she did not report the incidence to anyone. On 6/3/2000 i.e. when informant victim finished her exams and was waiting for her father to pick up her, at that time, accused approached her and caught her hands.

(3.) Learned counsel for the appellant pointed out that there is apparently false implication. According to him, none of the offences for which appellant was charge-sheeted and tried, were proved by prosecution beyond reasonable doubt. According to him, there is not only improper appreciation of evidence, but also settled law has not been taken into account by the learned trial Judge.