STATE OF MAHARASHTRA Vs. PUSHKRAJ NARSHINH GODGE PATIL

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order dated 17/6/1999 passed in C.C. No.40/P/98 by the Court of Metropolitan Magistrate, 26th Court, Borivali, Mumbai, thereby acquitting the respondent of the offences punishable under Sections 498(A)(a)(b) and 377 of the Indian Penal Code. Briefly stated, the facts of the case are as under.:

(2.) I have heard learned Ms Kaushik, learned A.P.P. for the State and Mr. Sagar Tambe, instructed by Mr. V. T. Tulpule, learned Counsel for the respondent. I have gone through the record of the case and also the impugned judgment and order.

(3.) Learned A.P.P. for the State has submitted that although there has been delay in filing of the complaint against the respondent by P.W.1 Shivpriya, her evidence is mostly consistent with what she had stated in her complaint before the police and also with the evidence of her two sisters, P.W.2 Sou. Neela and P.W.3 Sou. Chandralekha. Learned A.P.P. further submits that from the evidence of P.W.1 Shivpriya, it can be clearly seen that she was subjected to cruelty by the respondent during short period in which she cohabited with the respondent. The cruelty was meted out with a view to compel P.W.1 Shivpriya to fulfill the unlawful demand for cash amount of Rs.5 lac, handing over of the proceeds of U.T.I. and K.V.P. certificates and also handing over of the ornaments. This cruelty consisting of several acts varied from giving of abuses to Shivpriya by the respondent to his forcibly having unnatural sex with her and, therefore, according to the learned A.P.P., the charge of cruelty punishable under Section 498A of I.P.C. could be said to be proved beyond reasonable doubt against the respondent. She also submits that even the charge of respondent having unnatural sex with the complainant has been proved in a reasonable manner by the prosecution. She has, therefore, argued that the impugned judgment and order deserve to be quashed and set aside and the respondent needs to be convicted and sentenced appropriately for the offences with which he has been charged in this case.