Subhash Harchand Mahajan vs The State Of Maharashtra And Anr
2023 Latest Caselaw 4424 Bom

                                          1           960criapeal510.20 (Operative Order)



        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                     960 CRIMINAL APPEAL NO.510 OF 2020

                   SUBHASH HARCHAND MAHAJAN
                                 VERSUS
               THE STATE OF MAHARASHTRA AND ANR
                                    ...
       Advocate for Appellants : Mr.Kulkarni Mukul S. (appointed)
             APP for Respondent No. 1-State : Ms.R.P.Gaur
        Advocate for Respondent No. 2 : Mr.Parikshit P. Dawalkar
                               (appointed)
                                    ...

                                               CORAM : R. G. AVACHAT, J.

DATE : 28.04.2023.

OPERATIVE ORDER

. For the reasons recorded separately, following order is passed :-

1. Appeal is allowed.

2. The impugned Judgment of conviction and order of sentence dated 17.09.2020, in Special Case (POCSO) No. 09 of 2017, passed by the learned Additional Sessions, Jalgaon, is set aside.

3. The appellant is acquitted of the offences punishable under Sections 376(2)(i) of the Indian Penal Code and under Sections 3 read with Section 4 and Section 5(m) read with Section 6 of the Protection of Children From Sexual Offences Act.

4. The appellant be released forthwith, if not required in any other case.

2 960criapeal510.20 (Operative Order)

5. Fine amount deposited by the appellant, if any, be refunded to him.

6. Learned Registrar (Judicial), of this Court is requested to ensure the release of appellant from jail forthwith.

7. The fees of learned Advocates appointed to represent the appellant and respondent No. 2 is quantified at Rs. 10,000/- (Rs. Thousand Only), each.

( R. G. AVACHAT ) JUDGE

mahajansb/