SHANTARAM KRISHNA KARKHANDIS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicants are original accused Nos. 1 and 3. They are challenging the judgment and order passed by the Assistant Sessions Judge at Thane who by his order dated 21/02/1994 convicted both the applicants for commission of the offence under section 313 read with section 34 of the Indian Penal Code and sentenced them to suffer rigorous imprisonment for three years and to pay fine of Rs 3,000/- and, in default, to suffer further rigorous imprisonment for three months. Being aggrieved by the said judgment and Order, they preferred an appeal before the Sessions Judge at Thane vide Criminal Appeal No.31 of 1994. However, Sessions Court, Thane by its judgment and order dated 08/05/1996 dismissed the appeal and confirmed the judgment and order of the Assistant Sessions Judge. The applicants are challenging the aforesaid Orders; one passed by the trial court and the other passed by the Sessions Judge, Thane.

(2.) The prosecution case is that the prosecutrix Barkibai had worked as maid servant for three years with the applicants. It is alleged that the applicant No.1 commit ted sexual intercourse forcibly by threatening her. Thereafter, Barkibai became pregnant and she was taken to Dr. Saloman on 18/09/1986 and, thereafter, she was taken to Dr. Talegaonkar. It is alleged that Dr. Talegaonkar performed abortion without her consent on account of false representation made by the applicants. The brother of the prosecutrix lodged a complaint at Narpoli Police Station and it was registered vide C.R. No.I-0/86 under sections 376, 313 read with section 34 of the Indian Penal Code. The prosecution examined in all four witnesses viz. Prosecutrix as P.W.1, Dr. Talegaonkar as P.W.2. Dr. Saloman as P.W.3 and the I.O. as P.W.4.

(3.) The trial court acquitted the applicant No.1 of the offence punishable under section 376. However, applicant Nos.1 and 2 were convicted for the offence punishable under section 313 IPC, which conviction was confirmed by the lower Appellate Court.