MUKUNDRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The judgment and order of conviction dtd. 16/2/2004 passed by learned 2nd Adhoc Additional Sessions Judge, Nanded in Sessions Case No. 64 of 2002 recording guilt of the appellant for offence under Sec. 313 of the Indian Penal Code [IPC] is hereby assailed in the instant appeal.

(2.) In all five accused were charge-sheeted on receipt of complaint of PW1, who reported that she was married to Ramrao, but later on she had obtained divorce. She had love affair with appellant Mukund. Out of their such relation, there was physical intimacy due to which she conceived. After she was five months' pregnant, appellant accused took her to the hospital and got her pregnancy terminated. That, he also did not keep his promise of performing marriage. That, she was not willing to get her pregnancy terminated but was forced and therefore, on her report Exhibit 22, police registered crime for offence under Ss. 313, 323, 504 r/w 34 of IPC.

(3.) After completion of investigation and on gathering sufficient evidence, accused were chargesheeted and tried by learned 2nd Adhoc Additional Sessions Judge, Nanded vide Sessions Case No. 64 of 2002. Trial culminated into conviction of appellant Mukundrao alone, whereas, rest of the accused were acquitted. Such judgment and order of conviction is now the subject matter of appeal before this Court.