Khobraji Munjaji Chalak And Ors vs The State Of Maharashtra
2017 Latest Caselaw 5551 Bom

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD
                                 
                CRIMINAL APPEAL NO. 281 OF 2017
                    THE STATE OF MAHARASHTRA
                             VERSUS
               SAMADHAN DAGDU NIKAM AND OTHERS 

                                 WITH 
                    CRIMINAL APPEAL NO.329 OF 2016

                          --
Mr.K.D.Munde, APP for appellant - State 

Mr.P.B.Pawar,Advocate for respondents
                          --

                                 CORAM :  SANGITRAO S. PATIL, J. 

DATE : AUGUST 08, 2017

PER COURT :

Heard the learned A.P.P. for the appellant -

State and the learned Counsel for the respondents.

2. By this appeal, the State/prosecution has

challenged acquittal of the respondents of the

offences punishable under Sections 376(d) and 323 of

the Indian Penal Code ("the I.P.C.", for short) as

well as Sections 67 and 67(a) of the Information

Technology Act.

2 13-cri.appeal-281-17

3. The respondents have filed an appeal bearing

Criminal Appeal No.329 of 2016 against the conviction

and sentence imposed against them for the offences

punishable under Sections 354, 341, 384 and 506 read

with Section 34 of the I.P.C. The said appeal has

been admitted by this Court vide order dated

25.05.2016.

4. The learned APP submits that there is

sufficient evidence on record to establish the guilt

of the respondents, of which the respondents have

been acquitted by the trial Court.

5. On the other hand, the learned Counsel for

the respondents submits that there was no clinching

evidence to convict the respondents of the said

offences and they have been rightly acquitted by the

trial Court.

6. Since the appeal filed by the respondents

bearing Criminal Appeal No.329 of 2016 would be

required to be considered on merits after

3 13-cri.appeal-281-17

scrutinizing the entire evidence on record and since

leave has been granted to the State/prosecution to

file appeal against the acquittal of the respondents

of the above-mentioned offences, in my view, it would

be necessary to have in-depth scrutiny of the

evidence on record so as to do complete justice in

the matter.

7. In the circumstances, the appeal is

admitted. On admission, the learned Counsel for

respondent nos.1 to 3 waives service of notice on

their behalf.

Sd/-

[SANGITRAO S. PATIL, J.] kbp