Satesing @ Aaba Manga Thakare ... vs The State Of Maharashtra And Anr
2022 Latest Caselaw 4132 Bom

                                                          Cri-APPEAL-914-2018-A.odt




              IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                         BENCH AT AURANGABAD

                        CRIMINAL APPEAL NO. 914 OF 2018

 Satesing @ Aaba Manga Thakare (Bhil)
 Age:- 22 years, Occu:- Agril.,
 R/o Dongargaon, Tq. Shahada,
 Dist. Nandurbar                                       ... Appellant

          Versus

 The State of Maharashtra and another           ... Respondents
                                  ....
 Mr. Chaitanya R. Deshpande, Advocate for appellant
 Mr. S. P. Sonpawale, APP for respondent No.1 - State
 Smt. Sabahat Kazi, Advocate for respondent No.2 (Appointed)
                                  ....

                                     CORAM : R. G. AVACHAT, J.
                                     DATED : 19th APRIL, 2022

 OPERATIVE ORDER:

                  For the reasons to be recorded separately, the following

 order is passed.

                                    ORDER

       (i)        The appeal is allowed.


       (ii)       The conviction and sentence imposed upon the

appellant vide judgment and order dated 21.11.2018 passed by the learned Additional Sessions Judge, Shahada, District Nandurbar in Sessions Case No.35 of 2015 is set aside.

1 of 2

(( 2 )) Cri-APPEAL-914-2018-A

(iii) The appellant is acquitted of the charge of commission of offence under Section 376 of the Indian penal Code and under Sections 4 and 6 of the Protection of Children from Sexual Offences (POCSO) Act.

(iv) The appellant be released immediately, if not required in any other offence.

(v) Fine amount if paid, be refunded to the appellant.

[ R. G. AVACHAT, J. ]

SMS

2 of 2