Sanjay Karbhari Bachhav vs State Of Maharashtra And Anr
2023 Latest Caselaw 2627 Bom

                                 1/2                       11 APEAL-299-23.odt


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CRIMINAL APPELLATE JURISDICTION
                   CRIMINAL APPEAL NO.299 OF 2023
                                   WITH
                 INTERIM APPLICATION NO.1005 OF 2023


Sanjay Karbhari Bachhav                       ..     Appellant
                       Versus
The State of Maharashtra & Anr.               ..     Respondents


                             ...
Ms.Sushmita Sarkar i/b Mr.Nikhil G. Hire for the Appellant.
Mr.S.R.Agarkar, A.P.P. for the State.
                                       s...

                          CORAM: BHARATI DANGRE, J.

DATED : 17th MARCH, 2023

P.C:-

1. In the impugned judgment, the learned Special Judge has acquitted the Appellant of the offences punishable under Sections 8 and 12 of POCSO Act, by recording that the prosecution has failed to prove that the girl is minor.

The Investigating Offcer has brought on record a bonafde certifcate (Exh.21,, but it was disbelieved on the ground that it was issued for the purpose of obtaining S.T. bus pass and for opening of a bank account.

2. Let the R & P be called from the court of Extra Joint District Judge and Additional Sessions Judge, Malegaon in

M.M.Salgaonkar

2/2 11 APEAL-299-23.odt

Sessions Case No.39 of 2017, before the application for suspension of sentence is heard and the Appeal is admitted.

Let respondent No.2 in the Appeal as well as in the application, be informed about her impleadment in the proceedings, by the Investigating Offcer. She shall be apprised of her right to remain present in the Court on the next date of hearing of the Appeal or to be represented through the counsel of her choice. The returnable date shall be informed to be 10/04/2023.

In the meantime, the order passed by the Extra Joint District Judge and Additional Sessions Judge, Malegaon on 23/01/2023 below Exh.30 shall continue to remain in force.

3. Re-notify to 10/04/2023.

( SMT. BHARATI DANGRE, J.,

M.M.Salgaonkar