Bombay High Court
State Of Mah. Thr. Pso Ps Warud ... vs Surendra Wasudevrao Alone And ... on 19 October, 2022
Bench: V. G. Joshi, Vrushali V. Joshi
1 24 appa 761.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL APPLICATION (APPA) NO.761 OF 2022
The State of Maharashtra, thr. P.S.O.
..vs..
Surendra Wasudevrao Alone
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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 I.J. Damle, A.P.P. for the applicant.
CORAM:VINAY JOSHI AND MRS. VRUSHALI V. JOSHI, JJ.
DATED : 19/10/2022.
The respondent no. 1 - Accused though served
remained absent.
2. Heard.
3. The State is seeking leave to file appeal
challenging the order of acquittal in Special Case No. 242
of 2017 whereby the respondent/accused was acquitted for
the offence punishable under Sections 354-A, 376(2)(i) of
the Indian Penal Code and Sections 4,6 and 10 of the
Protection of Children From Sexual Offences Act, 2012.
4. Learned A.P.P. has criticized the impugned
judgment by stating that the Trial Court erred in
appreciating the evidence. He took us through the
paragraphs 17 and 18 of the judgment to contend that the
Trial Court has unnecessarily stressed on the need of
corroborative evidence. It is argued that the prosecution
has examined two minor victims who have specifically
stated the occurrence.
5. In the light of the above submission, we have gone
2 24 appa 761.2022
through the evidence of both minor victims who are in
between 5 to 6 years of age. Both victims deposed that the
accused took them in cattle shade and had sexually
exploited.
6. Learned A.P.P. has also submitted that in view of
the amended definition of the term "rape" as defined under
Section 375 of the Indian Penal Code, corroboration of
medical evidence is not a must.
7. Having regard to the evidence of two minor
victims and reasons assigned by the Trial Court, we deem it
necessary to reconsider the entire issue.
8. In view of that it is a fit case to grant leave and
accordingly, we grant a leave to file appeal.
9. The Application stands disposed of accordingly.
CRIMINAL APPEAL NO. ________ OF 2022
Heard. ADMIT.
2. Call for the Records and Proceedings.
3. Action under Section 390 of the Code of Criminal
Procedure shall follow.
4. The Trial Court shall release the respondent no.1
(accused) Surendra Wasudevrao Alone on bail on his
furnishing P.R. bond of Rs.15,000/- with one surety in the
like amount.
(MRS. VRUSHALI V. JOSHI, J.) (VINAY JOSHI, J.)
TRUPTI SANTOSHJI AGRAWAL
20.10.2022 10:48
Trupti
