Rahul S/O Bhaskar Gavade And Anr vs The State Of Maharashtra And Anr
2022 Latest Caselaw 5171 Bom

                                                 First Appeal No.915/2015
                                                   with connected appeals
                                      :: 1 ::


           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                     CRIMINAL APPEAL NO.915 OF 2015


 Raju @ Kiran Dagadu Gavade                     ... APPELLANT

          VERSUS

 The State of Maharashtra & anr.                ... RESPONDENTS

                                .......
 Shri R.N. Dhorde, Senior Counsel with
 Shri V.R. Dhorde, Advocate for appellant
 Shri R.B. Bagul, A.P.P. for respondent No.1 - State
 Mrs. Uma S. Bhosale, Advocate for respondent No.2
 (appointed)
                                .......

                                      WITH

                 CRIMINAL APPEAL NO.929 OF 2015 WITH
                 CRIMINAL APPLICATION NO.722 OF 2021


 Rahul s/o Bhaskar Gavade & anr.                ... APPELLANTS

          VERSUS

 The State of Maharashtra & anr.                ... RESPONDENTS

                                .......
 Shri C.R. Deshpande, Advocate for appellants
 Shri R.B. Bagul, A.P.P. for respondent No.1 - State
 Mrs. Uma S. Bhosale, Advocate for respondent No.2
 (appointed)
                                .......

                                      WITH

                      CRIMINAL APPEAL NO.38 OF 2016




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                                                            First Appeal No.915/2015
                                                             with connected appeals
                                         :: 2 ::


 Santosh Rohidas Borse & ors.                             ... APPELLANTS
          VERSUS
 The State of Maharashtra                                 ... RESPONDENT
                                .......
 Shri Govind Kulkarni, Advocate for appellant
 Shri R.B. Bagul, A.P.P. for respondent No.1 - State
                                .......

                                   CORAM :           R. G. AVACHAT, J.

                                   DATE        :     08th June, 2022


 OPERATIVE ORDER :


                  For the reasons separately recorded, following

 order is passed :-

                                        ORDER

(i) The Criminal Appeals are allowed.

(ii) The judgment and order dated 30/11/2015, passed

by learned Special Judge and Additional Sessions

Judge, Dhule in Special Case No.108/2013,

convicting the appellants and consequently

sentencing them to imprisonment is hereby set

aside.

(iii) The appellants are acquitted of the offences

punishable under Sections 376-D read with Section

34 of the Indian Penal Code and Section 4 of the

First Appeal No.915/2015 with connected appeals :: 3 ::

Protection of Children from Sexual Offences Act,

2012. The appellants be set at liberty forthwith if not

required in any other case.

(iv) Fine amount, if paid, be refunded to the appellants.

( R. G. AVACHAT ) JUDGE

fmp/-