Arif Mohd. Rahilla vs The State Of Maharashtra
2022 Latest Caselaw 5295 Bom

    ssm                                          1            13-apeal1474.19.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                      CRIMINAL APPEAL NO. 1474 OF 2019

Arif Mohd. Rahilla                                    .....Appellant

          Vs.

The State Of Maharashtra                              .....Respondent

Ms. Anjali Patil for the Applicant.
Mrs. S.S. Kaushik APP, for the Respondent-State.


                                     CORAM :    A. S. GADKARI, J.
                                       DATE :   10th JUNE, 2022.
P.C.:-

                The prosecution has failed to establish the fact that, on the date

and time of commission of offence, the Appellant was in fact present in the

said shop. Perusal of evidence on record reveals that, there is a serious

doubt about the identity of the Appellant, at the behest of the victim as the

perpetrator of crime. Appellant is therefore entitled for benefit of doubt.

2               For the reasons recorded separately, following Order is passed:-

                                       ORDER

         (a)    Appeal is allowed.

         (b)    Impugned Judgment and Order dated 19 th September,

2019 passed in POCSO Special Case No.60 of 2017 is

quashed and set aside by giving benefit of doubt to the

Appellant.

ssm 2 13-apeal1474.19.doc

(c) Appellant be released from Jail forthwith, if not required

in any other case, on production of the present Order.

(d) All the concerned to act on the basis of an authenticated

copy of this Order.

(A.S. GADKARI, J.)

Digitally signed SANJIV by SANJIV SHARNAPPA SHARNAPPA MASHALKAR MASHALKAR Date: 2022.06.10 13:33:34 +0530