Sushila W/O. Ankush Jadhav vs The State Of Maharashtra And Anr
2021 Latest Caselaw 8309 Bom

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                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                          BENCH AT AURANGABAD

                        CRIMINAL APPEAL NO. 589 OF 2020

Sushila w/o Ankush Jadhav                                         ..Appellant

        Versus

The State of Maharashtra and anr.                                 ..Respondents

Mr N.R. Thorat, Advocate for appellant
Mr G.O. Wattamwar, A.P.P. for respondent no.1 - State


                                 CORAM : V. K. JADHAV AND
                                        SHRIKANT D. KULKARNI, JJ.

DATE : 22nd June 2021

PER COURT :

1. Leave to correct the provision mentioned in the title clause.

2. We have heard the learned Counsel for the appellant/victim for some

time.

3. The learned Counsel for the appellant seeks time to elaborate his

submission that the appellant/original complainant, despite her sexual

relation with respondent no.2, has not given consent to the particular sexual

act and as such, the same amounts to commission of rape.

4. Learned A.P.P. also seeks time to place on record the judgment of the

Supreme Court wherein it is laid down that in terms of the provisions of

Section 372 proviso of the Code of Criminal Procedure, if the appeal is

preferred by the victim, there is no need to seek the leave to file an appeal.

5. Stand over to 6th July 2021.

( SHRIKANT D. KULKARNI, J.) ( V. K. JADHAV , J.)

vvr