Bombay High Court
The State Of Maharashtra Through ... vs Golu @ Prashant Vishwanath ... on 19 October, 2022
Bench: V. G. Joshi, Vrushali V. Joshi
1 16 cri appa 290.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO. 290 OF 2022
State of Maharashtra, thr. P.S.O.
..vs..
Golu @ Prashant s/o Vishwanath Hanwate
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri Chutke, A.P.P. for the applicant.
Shri Yogesh Mandpe, Advocate for the non-applicant.
CORAM:VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 19/10/2022.
Heard.
2. This is an application of State seeking leave to file
the appeal to challenge the order of acquittal passed in
Special (POCSO) Case No.34 of 2019 whereby the
respondent has been acquitted for the offence punishable
under Sections 376 (1)(A), 376(AB), 376(2)(j), 506 of
Indian Penal Code and Sections 4,6,10 of the Protection of
Children from Sexual Offences Act, 2012.
3. The learned A.P.P. took us through the evidence of
the victim, her mother and Medical Officer to impress that
the material which has came on the record is clinching and
the conviction can be safely based on it. He took US
through certain portion of paragraphs 13 and 14 of the
impugned judgment to contend that the Trial Court
seriously erred in appreciating the evidence on the record.
4. It is a case that the minor-victim girl aged 5 years
and 3 months has been raped by the respondent-accused.
The report has been lodged by the mother of the victim
2 16 cri appa 290.2022
who has stated in her evidence that she has seen that the
accused and victim were in the kitchen of the accused. It is
her evidence that while the minor victim was playing the
accused took her at his house, undressed her and was lying
on her person. Contextually, we have seen the evidence of
minor victim who equally stated about the alleged act
committed by the accused. The Medical Officer though did
not found fresh injury, however he deposed that hymen
was ruptured and old healed tears were present. He stated
that the possibility of sexual intercourse cannot be ruled
out.
5. In this background, learned A.P.P. took us to the
expanded definition of Section 375 of the Indian Penal
Code to impress that the alleged act constitutes the offence
of rape. Learned Advocate Shri Mandpe resisted this
application by submitting that there are inconsistencies and
material omissions in the evidence. We are aware about
the well settled parameters for dealing appeal against the
acquittal. However, having regard to the tender age of the
victim and the evidence led by the victim and her mother,
we are of the view that certainly a case is made out to have
a second thought. We have purposefully restricting
ourselves from going into the detail scanning of the
material at this preliminary stage. However, we find that it
is a fit case to grant leave. Leave granted.
CRIMINAL APPEAL NO. ST. NO. 2777 OF 2022
Heard.
3 16 cri appa 290.2022
2. ADMIT.
3. Learned Counsel waives service of notice on behalf
of the respondent.
4. The Records and Proceedings has already been
received.
5. Learned Counsel Shri Mandpe appearing for the
respondent/accused undertakes to file appearance of the
accused.
6. He has pointed out that in compliance with the
order passed by the Trial Court in terms of Section 437-A
of the Code of Criminal Procedure he has already been
furnished a bond.
7. The Office to prepare paper-book.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
Trupti
TRUPTI SANTOSHJI AGRAWAL
20.10.2022 16:24
