SANTOSH PIRAJI WAGHMARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) CHALLENGE in this appeal is to judgment rendered by learned Adhoc additional Sessions Judge (Mr. A. R. Qureshi), nanded, in Sessions Case No. 32 of 2004, whereby appellant is convicted for offences punishable under section 366 and 506 (2) of the i. P. Code and is sentenced to suffer rigorous imprisonment for seven (7) years and to pay fine of Rs. 1000/-, in default to suffer simple imprisonment for three (3) months and to suffer rigorous imprisonment for two (2) years, respectively.

(2.) BACKGROUND facts leading to the prosecution are as follows :-

(3.) THE prosecution case is that the appellant abducted said Shannu alias Shehnaz (prosecutrix) from her house under threats. He pointed out knife to her and also threatened that he would commit suicide by consuming poisonous substance if she would not accompany him. She went with him under duress. He took her to Nizamabad via Parbhani. The appellant is said to have abducted the prosecutrix with intent to forcibly marry her or to seduce her to commit sexual intercourse with her. He sold her silver chain and the gold earrings at Nizamabad. They resided together for two and half months. He used to work in a hotel as a waiter. She also used to work in the same hotel. He committed sexual intercourse with her during the stay at Nizamabad. She became pregnant as a result of the sexual intercourse, which was done by the appellant without her consent. She was under fear of the threats given by the appellant that he would cause her death if she would run away. After two and half months, PW-7 Ganesh and relatives of the prosecutrix visited Nizamabad. They rescued her. She was brought back to the village and was produced before the Police Officer of umri Police Station. She was referred to the civil Hospital at Nanded for medical. examination. The police carried out certain investigation and charge-sheeted the appellant for offences punishable under section 363, 366,. 376 and 506 (2) of the I. P. Code.