LAWS(BOM)-1999-9-87

UMAKANT RAMCHANDRA WALVEKAR Vs. STATE OF MAHARASHTRA

Decided On September 21, 1999
UMAKANT RAMCHANDRA WALVEKAR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THESE appeals have been filed by the original accused Nos. 1, 4 and 6 against their conviction for causing forcible abortion of the complainant - P. W. no.4Nanda Dhullappa Talbhandare.

(2.) THE matter was argued at number of occasions and during the course of arguments Shri Shirish Gupte appearing for original accused Nos. 4 & 6, and Shri Mundergi appearing for original accused No. 1 suggested that looking to the nature of allegation and the fact that original accused Nos. 3 and 4 were closely related to her, accused should be permitted to talk with the complainant for bringing the matter to an end. Accordingly in order to enable both the sides, the matter was adjourned from time to time and I have been informed now that P. W. No. 4 the complainant, who is assisted by her brother Sureshbabu Dhullappa Talbhandare, who is a Sr. P. I. at Thana City, has now no serious allegations against the present accused and she wants that mutual cordial relations between her and accused Nos. 3 and 4 and accused No. 1 should also be maintained. Consequently P. W. No. 4 and her brother at one side and all three accused before this Court on the other side have arrived at out of the Court's settlement so far as the allegations in this case are concerned.

(3.) SO far as the merits of the case are concerned, the accused were prosecuted for the forcible abortion of complainant Nanda. Accused No. 1 Umakant Walvekar is the doctor who was responsible for the abortion and accused No. 6 Navnath is the person who was responsible for the pregnancy in the sense that it was the sexual intercourse with complainant Nanda that resulted in pregnancy to Nanda. Accused No. 4 is the mother of accused no.6