Vishnu Chandrayya Yedulla vs The State Of Maharashtra
2023 Latest Caselaw 1782 Bom

                                                          906-CriAppln-228-2023
                                          -1-

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                906 CRIMINAL APPLICATION NO. 228 OF 2023
                 IN APEAL/680/2021 WITH APEAL/680/2021

                     VISHNU CHANDRAYYA YEDULLA
                                  VERSUS
                      THE STATE OF MAHARASHTRA
                                     .....
            Advocate for Applicants : Mr. Dharurkar Chaitanya V
              APP for Respondent-State : Mrs. V. S. Choudhari
                                     .....

                               CORAM : SMT. VIBHA KANKANWADI AND
                                       ABHAY S. WAGHWASE, JJ.

DATED : 21 FEBRUARY 2023

PER COURT :-

1. It is noticed that amount of Rs.45,000/- out of the fine amount

has been directed to be paid to the prosecutrix by way of

compensation under Section 357 (1) of the Code of Criminal

Procedure. She is a necessary party when the entire judgment and

order is under challenge. We may take benefit of Emperor v. Chunilal

Bhagwanji [AIR (29) 1942 Bombay 205 (1)] wherein it has been held

that the person to whom compensation has been awarded should be a

necessary party when that part of the order is also challenged.

3. Hence the appellant is directed to add the prosecutrix as party

respondent no.2. While adding her as a party respondent, the

906-CriAppln-228-2023

appellant should take due precaution not to reveal her identity in any

manner.

4. After amendment is carried out, issue notice to the added

respondent, to be made returnable on 17.03.2023.

[ABHAY S. WAGHWASE, J.] [SMT. VIBHA KANKANWADI, J.]

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