Dismissed

Chhotu Baliram Sonawane v. the State of Mah

Bombay HC22 Mar 2012APPLN/305/2012

Case brief

AI extract

What is this about?

This criminal application challenged the registration of a criminal case alleging rape and cheating. The applicant argued the relationship was not forged. The court rejected the application, holding the voluntary relationship after engagement breakdown due to dowry demand did not exonerate the applicant.

What did the court decide?

Application is rejected and the request for early hearing of trial is also rejected.

Chhotu Baliram Sonawane Vs the State of Mah — Cheating and Forgery | Bombay HC (2012)

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1crap305.12

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CRIMINAL APPLICATION NO. 305 OF 2012

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Shri Chhotu Baliram Sonawane...Applicant
VERSUS
The State of Maharashtra ...Respondent

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.....
Shri Shrikant S. Patil, advocate for the applicant
Shri S.B.Pulkundwar, A.P.P. for respondent

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.....
CORAM : A.H.JOSHI, J.
DATED : 22.03.2012.
PER COURT:-

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1. Heard both sides.

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2. Perused the charge sheet and the documents

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accompanying the charge sheet.

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3.After celebrative engagement, the applicant had

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entered into physical relationship with the informant,

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representing that she is almost his wife but for
marriage and did this for long many days. Later on, as
averred in the first information report, over dowry
related demand, the applicant has inhumanly breached
the ties.

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2crap305.12

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4.Crime No.168 of 2008 is registered at Dhule City
police station, Taluka and District Dhule for the
offences punishable under Sections 376, 406, 420 and 34
of the Indian Penal Code at the behest of the
informant.

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5.The applicant urges an intelligent submission
based on precedents of this court that such physical
relationship does not constitute act of rape since
their physical relationship could not be regarded as
entered with disguise or false promise to marry.

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6.One thing is certain that the break down of the
engagement of the marital ties in the offing, is as
alleged by the applicant on account of dowry related
demand. The acts of applicant do suggest element of
cheating from the beginning, as it prima facie appears.

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7. In this background, applicant is not entitled for the relief sought for.

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8. Application is rejected.

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3crap305.12

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9. Oral request of learned advocate Shri Patil for

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early hearing of trial is rejected.

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(A.H.JOSHI, J.)

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dbm/crap305.12

Chhotu Baliram Sonawane v. the State of Mah

Case brief

What is this about?

What did the court decide?

Chhotu Baliram Sonawane v. the State of Mah

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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