Meenal W/O Aashish Lokhande v. The State Of Maharashtra And ORS

cria913-15 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.913 OF 2015 MEENAL W/O AASHISH LOKHANDE

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

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Adv.Mr.M.S.Bhosale for appellant APP Mr.M.M.Nerlikar for respondent-State.

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CORAM : A.V.NIRGUDE & V.L.ACHLIYA,JJ.

DATE : 15/07/2016 PER COURT :- Perused the impugned judgment. The accused were acquitted for offences punishable under Sections 498-A, 313, 323, 504 and 506 r.w. 34 of IPC. This was a sort of matrimonial dispute. The appellant/complainant got married to accused no.1 on 7th May, 2012. It is her allegation that on 18/6/2012 without her consent her pregnancy was terminated illegally. She also alleged that thereafter, the accused abused and harassed her and sent her to her mother's house. The most serious offence alleged against the respondent accused is offence u/s 313 of IPC. On perusal of the judgment, we find that the learned Judge rightly held that this offence was not proved at all. The termination took place on 18/6/2012 at the hospital

cria913-15 -2of Dr.Zende who was one of the prosecution witnesses who categorically stated before the Court that termination was done after obtaining permission of the appellant-complainant in writing. All formalities required for termination were followed as per law. Therefore, the case resulted into acquittal. We do not find any reason to interfere in this judgment. Appeal is dismissed. (V.L.ACHLIYA,J.) (A.V.NIRGUDE,J.) umg/