LIMBAJI GOKUL KOPANBAINE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Convict for offence punishable under Sec. 366-A of the Indian Penal Code [IPC] is taking exception to the judgment and order passed by learned Additional Sessions Judge Udgir dtd. 30/10/2002 in Sessions Case No. 149 of 2001 which was tried for the offences punishable under Ss. 366-A, 376 r/w 34 of IPC.

(2.) Victim, a minor studying in 8th standard, was put up with her elder sister on account of pregnancy and delivery of her sister at Bhutekarwadi. Complainant father of victim was residing at Asrachi Wadi. On 10/3/2001, father-in-law of sister of victim came and informed father of victim that in the intervening night of 9/3/2001 and 10/3/2001, Limbaji and Ashruba, both residents of Asrachi Wadi, had come to Bhutekarwadi and abducted victim inducing her by promise of marriage and therefore, father approached police station and gave report.

(3.) Learned counsel for the appellant would point out that there is apparently false implication. He pointed out that main charge is of Sec. 376 IPC, that too, against main accused no.1 Ashruba, but on complete appreciation, learned trial court has acquitted main accused from said charge. However, present appellant-accused no.2 is alone held guilty for offence under Sec. 366-A of IPC and that too, without any concrete, reliable and trustworthy evidence.