Bombay High Court
Subhash S/O. Devnath Bhovate vs State Of Mah. Thr. Pso, Adyal Bhandara ... on 10 July, 2025
2025:BHC-NAG:6569
Judgment
428 apeal268.23
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPEAL NO.268 OF 2023
Subhash s/o Devnath Bhovate,
aged about 25 years, occupation: labour,
r/o Kilewada, tahsil Pauni, district -
Bhandara. ..... Appellant.
:: V E R S U S ::
1. State of Maharashtra,
through PSO, Adyal, Bhandara.
2. XYZ (victim) in Crime No.182/2021,
registered at PSO Adyal, Bhandara. ..... Respondents.
Shri M.V.Rai, Counsel for the Appellant.
Shri M.J.Khan, Additional Public Prosecutor for the
Respondent/State.
CORAM : URMILA JOSHI-PHALKE, J.
CLOSED ON : 17/06/2025
PRONOUNCED ON : 10/07/2025
JUDGMENT
1. By this appeal, the appellant (accused) has
challenged judgment and order dated 3.4.2023 passed
by learned Additional Sessions Judge, (Special Judge,
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POCSO), Bhandara (learned Judge of the trial court) in
Special Case (Child Protection) No.115/2021.
2. By the said judgment impugned in the appeal, the
accused is convicted for offences under Sections 363 and
376(2)(n) of the Indian Penal Code and under Sections
4 and 6 of The Protection of Children from Sexual
Offences Act, 2012 (POCSO).
For offence under Section 363 of the IPC, he is
sentenced to undergo rigorous imprisonment for 1 year
and to pay fine Rs.500/-, in default, to undergo further
simple imprisonment for 1 month.
For offence under Section 4 of the POCSO Act, he
is sentenced to undergo rigorous imprisonment for 10
years and to pay fine Rs.1000/-, in default, to undergo
further simple imprisonment for 2 months.
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For offence under Section 6 of the POCSO Act, he
was sentenced to undergo rigorous imprisonment for 20
years and to pay fine Rs.3000/-, in default, to undergo
further simple imprisonment for 3 months.
Learned Judge of the trial court directed that all
sentences shall run concurrently.
3. Brief facts for disposal of the appeal are as under:
Father of the victim girl on 26.9.2021 lodged an
oral report alleging that his daughter, the victim girl,
aged about 17 years, is studying in Std.12th at Adyal .
On 23.9.2021, she left house at about 6:30 am on a
pretext of attending school on her bicycle and did not
return, till evening. On taking due search, she was not
found and, therefore, suspected that she had been
kidnapped by some unknown person and lodged the
report at police station.
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4. On the basis of the said report, the police
registered the crime, initially under Section 363 of the
IPC. During investigation, search of the victim girl was
taken and she was found at Veltur with the accused and
they were brought to the police station.
The statement of the victim girl was recorded and
she disclosed that the accused expressed that "he loves
her". On 22.9.2021, the accused communicated with
the victim girl and called her at the bus stop along with
documents and by luring her that he would perform
marriage with her took her at Bhandara by bus. At
Bhandara, they resided till 28.9.2021 and during this
period, he subjected her for physical relationship against
her will and desire. Thereafter, she was taken to
Mandhal and, thereafter, to Veltur and subjected her for
forceful sexual assault though he was knowing that the
victim girl is below 18 years of age.
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On the basis of the said statement, the crime was
registered under Section 376(2)(n) of the IPC and under
Sections 4 and 6 of the POCSO Act.
The investigating officer visited the alleged spot
of the incident and has drawn spot panchanama. After
completion of the investigation, he submitted
chargesheet against the accused.
5. Learned Judge of the trial court framed charge
vide Exh.7. The contents of the charge are read over to
the accused to which he pleaded not guilty and claimed
to be tried.
6. In support of the prosecution case, the
prosecution examined as many as 10 witnesses, which
are as follows:
PW Names of Witnesses Exh.
Nos. Nos.
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panchanama
panchanamas
7. Besides the oral evidence, the prosecution placed
reliance on birth certificate Exh.16, report Exh.19, FIR
Exh.20, spot panchanama Exh.21, another spot
panchanama Exh.31, blood sample seizure memo of the
victim girl Exh.33, clothes seizure memo of the victim
girl Exh.34, clothes seizure memo of the accused Exh.35,
sample seizure memo of accused Exh.36, medical
certificate of the accused Exh.39, requisition letter to
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Chemical Analyzer Exh.51, requisition letter to the
Medical Officer Exh.62, and medical certificate Exh.63.
8. On the basis of the oral as well as the
documentary evidence, the prosecution claimed that the
prosecution has proved its case beyond reasonable
doubt. All incriminating evidence is put to the accused
in order to obtain his explanation regarding the
evidence appearing against him by recording his
statement under Section 313 of the CrPC to which he
denied all allegations.
9. After appreciation of the evidence, learned Judge
of the trial court came to conclusion that at the time of
the incident, the victim girl was below 18 years of age
and was subjected for forceful sexual assault and
thereby the accused committed an offence as alleged.
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10. Heard learned counsel Shri M.V.Rai for the
accused and learned Additional Public Prosecutor Shri
M.J.Khan for the State. They took me through the
entire evidence on record.
11. Learned counsel for the accused submitted that
there was love affair between the accused and the victim
girl and out of the love affavir, the victim girl went along
with the accused. They stayed together at various
places. The victim girl travelled by public transport and
did not make any grievance to anybody as to the force
used on her. He submitted that she resided in a rented
premises in a residential locality wherein also the victim
girl was having an opportunity to disclose her grievances
as to the forceful sexual assault, but she has not made
any such grievances. In fact, the evidence on record
shows that she was waiting at the bus stop. The accused
kept her at the bus stop, went to his home, and again
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came back and, thereafter, went along with her to
Bhandara by bus. Thus, after having a sufficient
opportunity, she did not flee away from the spot of the
incident which creates a doubt as to the entire version of
the prosecution. In view of that, the judgment and
order of conviction impugned in the appeal deserves to
be quashed and set aside.
He further submitted that the age of the victim is
also not proved by the prosecution. It was the victim
girl who joined the company of the accused on her own
and, thereafter, travelled along with him at various
places and not made any complaint which create a
doubt about the prosecution case.
12. Per contra, learned Additional Public Prosecutor
for the State submitted that the victim girl was below 18
years of age. The evidence of the victim girl discloses
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her date of birth as 12.11.2004. Thus, at the time of the
incident she was 16 years and 9 months old. Her
evidence further shows that the accused was unknown
to her. He made telephonic call to her and called her at
the bus stop and, thereafter, took her at various places
and subjected her for the forceful sexual assault. As she
is below 18 years of age, her consent is not relevant.
The evidence of the victim and the medical
evidence sufficiently show that the victim was subjected
for the forceful sexual assault.
Thus, there is a sufficient evidence on record to
show involvement of the accused.
As far as "consent" of the victim girl is concerned,
the same is not relevant.
In view of that, the appeal being devoid of merits
is liable to be dismissed.
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13. The accused is facing charge of offence under
Section 363 of the IPC that the victim girl was taken by
him from lawful custody of her parents without their
consent.
14. To prove the said allegation, the prosecution
mainly placed reliance on the evidence of the PW1
victim. As per her evidence, she was born on 12.11.2004
and in the year 2021 she was studying in 12 th Std.. She
was also possessing a mobile phone. In September
2021, she received a phone call of an unknown person
who disclosed his name as Subhash Bhovte and also
expressed that he is having feelings for her. On
21.9.2021, at about 11:30 to 12:00 pm, when she was
waiting for bus at the bus stop to return home, the
accused approached her, introduced himself, and
expressed his feelings. However, she did not respond to
him. On 22.9.2021, she received a phone call of the
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accused who expressed his feelings and also disclosed to
her that he wants to perform marriage with her and
called her along with documents at the bus stop.
Accordingly, on 23.9.2021, on a pretext of attending the
school, she went at the bus stop. The accused met her
at the bus stop by informing her that he will bring
money from his friends and he left the bus stop asking
her to wait there. She was at the bus stop, till 2:00 pm
and, thereafter, the accused brought her by bus at
Bhandara wherein they stayed at a room of his friend,
wherein, on the promise of marriage, he subjected her
for the forceful sexual assault. She stayed at the said
place for 3 days. Thereafter, the accused brought her at
Veltur, at his counsin's house by bus, wherein also they
resided there for three days and subjected her for the
forceful sexual assault and on 4.10.2021 the police
approached to her and brought her at the police station.
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15. The cross examination of the victim girl shows
that she is unable to tell her mobile number. She is
unable to tell on which date she received the phone call
and from whom. She deposed that as narrated by the
police, she has deposed. She is aware that, prior to
marriage, having physical relationship, is wrong.
16. The defence of the accused is that there was one
sided love affair of the victim girl and out of the same
love affair she joined his company
17. To prove the offence under section 363 of the IPC,
the prosecution has also examined PW2 the father of the
victim girl, who testified that on 23.9.2021, his daughter
left the house on a pretext of attending school and did
not return back to home. On 4.10.201, she was found
and she gave her statement. Accordingly, the accused
was arrested.
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His cross examination shows that the victim
disclosed to him that she was taken at Kalewada. He
also admitted that on 23.9.2011 the accused called her
at bus stop and, thereafter, they went at Bhandara.
18. Thus, the cross examination of the victim girl and
the father of the victim girl shows that as the accused
called the victim girl, she went at the bus stop.
19. To prove the offence of the "kidnapping", the
prosecution mainly placed reliance on the evidence of
the victim girl who narrated her birth date as
12.11.2004. As per her evidence, she received a phone
call of the accused who called her at Adyal Bus Stop
along with documents and, therefore, she went there.
The accused expressed her that he loves her and asked
her to come along with him and, therefore, she went
along with him.
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The evidence of the father of the victim girl is
only to the extent of birth date of the victim who
narrated her birth date as 12.11.2024. He has lodged
the report as the victim was not traced. His evidence
shows that the victim girl disclosed to him that she went
along with the accused as he took her.
The cross examination of the victim girl shows
that she is unable to tell her mobile number. She is also
unable to tell from whose mobile phone she received the
phone call. As far as her birth date is concerned, the
same is not challenged during the cross examination.
Her birth certificate is at Exh.16 which also discloses her
birth date as 12.11.2004.
20. On appreciating the evidence, it reveals that birth
date of the victim is 12.11.2004 which remained
unchallenged. Thus, on the date of the incident, her age
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was 16 years and 9 months. Her further evidence shows
that as she received phone call of the accused, she went
along with him. The evidence further reveals that she
travelled along with him by public transport i.e. bus.
21. As per Rule 9 of the Maharashtra Births and
Deaths Registration Rules 1976, this birth certificate is
issued by the Sub Registrar acting under the provisions
of the Registration of Births and Deaths Act, 1969.
22. Section 7 of the said Act deals with appointment
of Registrar for each local area comprising the area
within the jurisdiction of a municipality, panchayat or
other local authority or any other area or a combination
of any two or more of them. It is duty of the Registrar
to register every birth which took place in his
jurisdiction. This Act mandates that the Registrar should
discharge his duties carefully.
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23. Section 8 of the said Act mandates that each head
of the house to report birth in the family to the Registrar.
24. As per provisions of Sections 12 and 17 of the
Registration of Births and Deaths Act, 1969 the birth
certificate as such is issued by the public officer and it is
a document forming record of the acts of the public
officer and, therefore, the same is a public document
within the meaning of Section 74 of the Indian Evidence
Act and the same is admissible in evidence in view of
Section 77 of the Indian Evidence Act. Section 17 of the
said Act provides for search of Birth and Death Register
and supply of extract thereof by certifying the same by
the Registrar or other authorized Officer. Section 17 of
the said Act provides that such extract shall be
admissible in evidence for the purpose of proving birth
or death to which the entry relates. The birth certificate
is in fact the extract of Birth Register in respect of entry
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of birth of the victim child and as such, admissible in
evidence. Section 35 of the Evidence Act makes it clear
that if entry is made by public servant in the official
book in discharge of his official duty, such entry becomes
the relevant fact and admissible in evidence. Section 35
of the Act lays down that entry in any public, official
book, register, record stating a fact in issue or relevant
fact and made by a public servant in the discharge of his
official duty specially enjoined by the law of the country
is itself the relevant fact. To render a document
admissible under Section 35, three conditions must be
satisfied, firstly, entry that is relied on must be one in a
public or other official book, register or record, secondly,
it must be an entry stating a fact in issue or relevant
fact; and thirdly, it must be made by a public servant in
discharge of his official duty, or any other person in
performance of a duty specially enjoined by law.
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25. It is, thus, clear that the birth certificate issued by
the public officer or by the competent authority under
the provisions of the Registration of Births and Death
Act and the Rules framed thereunder is required. The
birth certificate of the victim girl is issued in compliance
with the above said provisions.
26. Thus, the birth certificate issued in the present
case is in compliance with the provisions of the
Registration of Births and Deaths Act and therefore the
evidence is acceptable.
27. The second ingredient to be proved to prove the
offence of "kidnapping" is as to the person was taken or
enticed without consent of such guardianship.
28. The evidence of the victim girl shows that she
went along with the accused as she received phone call
of the accused at Adyal Bus Stop. The accused asked
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her to come along with him as he wants to perform
marriage with her as he loves her. The evidence further
shows that after she reached at the bus stand, the
accused informed her that he does not have money and
he will return back with money and asked her to stay at
the bus stand. At 2:00 pm he returned at the bus stand
and till then, she was waiting there. Thereafter, she
along with the accused went at Bhandara by bus, and
Bhandara to Veltur again by bus.
During her cross examination, she stated that she
deposed as the police asked her to depose.
Thus, her evidence shows that as the accused
called her, she went along with him.
29. It is pertinent to note that though the accused left
her for some time at the bus stand and she was having
an opportunity to return to her home, she did not return
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and was waiting for him. She travelled along with him
by public transport, but she has not made any complaint
against him that he is taking her without consent of her
parents.
30. As far as "taking" or "enticing" is concerned, the
same is an essential ingredient of the offence of
"kidnapping".
31. For the purpose of proving the offence under
Section 366 of the IPC, material required to be
established is that minor is taken with an intent to
marry against her will or to force her or seduce her for
illicit intercourse.
32. The ingredients of "taking" or "enticing" are dealt
with by the Hon'ble Apex Court in the case of
S.Varadarajan vs. State of Madras, reported in reported
in AIR 1965 SC 942 wherein it is held that there is a
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distinction between "taking" and "allowing a minor to
accompany a person". The two expressions are not
synonymous though we would like to guard ourselves
from laying down that in no conceivable circumstance
can the two be regarded as meaning the same thing for
the purposes of Section 361 of the Indian Penal Code. It
is further held that "taking" or "enticing" away a minor
is an essential ingredient of the offence of kidnapping.
Where the minor alleged to have been taken by the
accused person left her father's protection knowing and
having capacity to know the full import of what she was
doing voluntarily joins the accused person, the accused
cannot be said to have taken her away from the keeping
of her lawful guardian. Something more has to be
shown in a case of this kind and that is some kind of
inducement held out by the accused person or an active
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participation by him in the formation of the intention of
the minor to leave the house of the guardian."
33. From the evidence on record, it reveals that it was
the victim who joined the company of the accused and
travelled along with him at various places and not made
any grievances, which sufficiently show that the victim
voluntarily joined the company of the accused. Thus,
the prosecution failed to prove the offence of
"kidnapping".
34. The accused is also facing the charge that he took
the victim girl along with him and on the promise of
marriage subjected her for the forceful sexual assault.
As already observed that as far as "taking" is
concerned, it was the victim who joined the company of
the accused and, therefore, the said allegation is not
substantiated by any material evidence.
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35. Now, let us come to the another aspect as to that
whether the victim girl was subjected for the forceful
sexual assault by the accused.
36. Admittedly, the victim girl went along with the
accused by public transport at Bhandara and from
Bhandara to Veltur. She resided in a residential
premises i.e. at the house of the friend of the accused at
Bhandara.
Her cross examination shows that when they
reached at the room of friend of the accused, he was
present. Admittedly, she has not disclosed anything to
the friend of the accused and stayed there for three
days. Thereafter, she was brought at Veltur at the house
of the cousin of the accused by bus. Though she alleged
that, at Bhandara, she was subjected for the forceful
sexual assault by the accused, while travelling in the
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public transport, though she was having an opportunity,
she has not disclosed the said fact to anybody. She
resided at the cousin brother of the accused with the
accused for three days. Thereafter, she was brought at
Mandhal wherein also she resided for three days and
returned to Veltur. Her cross examination specifically
shows that the police disclosed to her that she has to
depose as per statement. She also admitted that she
was aware about the fact that keeping physical
relationship with anybody prior to marriage is wrong.
The defence of the accused was that she was
having one sided love affair with him and she was
insisting him for marriage, but he denied and, therefore,
this false report is lodged.
37. To corroborate the version of the victim, the
prosecution examined the father of the victim who
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stated that the victim disclosed to him that on the
promise of the marriage, the accused took her and
subjected her for the forceful sexual assault. Though he
is cross examined, nothing came on record.
38. PW10 Dr.Nisha Bhavsar, is the medical officer
who examined the victim on 5.10.2021. The requisition
addressed to the medical officer is at Exh.62. History
narrated by her is also written down. As per the history
given by the victim, on 23.9.2021, at about 7:00 am, she
went to Adyal Bus Stop and met the accused. Later on,
they went to Chandni Chowk, Bhandara and stayed
there for two days and came at Kuhi where they stayed
for three days and, thereafter, at Veltur. On her
examination, the medical officer found that hymen was
open. She obtained her blood sample and accordingly
issued medical certificate Exh.63. The medical officer
admitted during cross examination that she was told by
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the victim girl as to history and, therefore, she opined
that sexual intercourse took place with the victim girl.
She did not notice any injury on the body of the victim
girl or at her private part. She further admitted that the
chastity of unmarried girl can be determined by the
medical examination. She further admitted that hymen
open can be noticed by so many reasons. Hymen open
and hymen torn both are different. Thus, the medical
evidence shows that on medical examination, the
medical officer found the hymen was open. She
specifically admitted that there can be many reasons for
opening of hymen. In a history given to the medical
officer, the victim nowhere stated that on the promise of
marriage the accused took her and subjected her for the
forceful sexual assault though she denied for the same.
On the contrary, history given to the medical officer
shows that she met the accused at bus stop and from the
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bus stop they went to Bhandara, Bhandara to Kuhi, and
Kuhi to Veltur.
39. PW5 Dr.Sunil Jibhkate, is the another Medical
Officer, who examined the accused and collected his
samples. As per his evidence, the accused is capable of
having physical relationship. His cross examination
shows that the police naratted him the nature of the
offence for which the accused was brought about the
incident.
40. PW3 Pramod Meshram and PW4 Avinash Gosavi,
acted as panchas on spot panchanamas and various
seizure memos. The said seizure memos are regarding
blood samples and clothes' seizures of the victim and the
accused.
41. PW6 Prakash Talmale and PW7 Gauri Uikey and
PW9 Sushant Patil are investigating officer who narrated
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about the investigation carried out by them. PW8
Harsha Mandhre is the police constable who took the
victim for medical examination in the hospital.
42. On appreciation of the evidence, question is,
whether testimony of the victim girl can be relied to
base conviction. The victim girl, as seen from her
evidence, is the only witness as to the actual incident.
43. As a rule of prudence, let us find out whether the
evidence of the victim girl is corroborated by other
evidence.
44. Admittedly, at the time of the incident, the victim
girl was aged about 16 years and 9 months and her age
is proved by the prosecution. As per the history
narrated by her to the medical officer, she went at bus
stand where she met the accused and she went along
with him and there was physical relationship between
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them. Admittedly, her evidence shows that she travelled
along with the accused by public transport at various
places.
45. Generally, oral testimony in this context may be
classified into three categories, namely (1) wholly
reliable; (2) Wholly unreliable, and (3) Neither wholly
reliable nor wholly unreliable.
In the first category of proof, the court should
have no difficulty in coming to its conclusion either way.
It may convict or may acquit on the testimony of a single
witness, if it is found to be above reproach or suspicion
of interestedness, incompetence or subornation.
In the second category, the court, equally has no
difficulty in coming to its conclusion.
It is in the third category of cases, that the court
has to be circumspect and has to look for corroboration
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in material particulars by reliable testimony, direct or
circumstantial.
46. The cross examination of the victim girl shows
that she was asked to depose as per her statement by the
police and accordingly she deposed before the court.
She further admitted that she is aware of the fact that
before the marriage keeping physical relationship is
wrong.
47. To corroborate the version of the prosecution, the
prosecution mainly placed reliance on the evidence of
PW10 Dr.Nisha Bhavsar. As per her evidence, the victim
has narrated history that she went along with the
accused and stayed with him at Kuhi, Bhandara, and
later on at Veltur where the police came and brought her
at the police station. The medical certificate Exh.63
wherein history is mentioned nowhere discloses that she
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was subjected for the forceful sexual assault by the
accused. The medical officer further admitted that there
are many reasons behind opening of the hymen. She
further admitted that opening of hymen and hymen torn
both are different.
48. Thus, the deposition of the victim that she was
subjected for the forceful sexual assault is not
substantiated by the medical evidence. There is no
dispute as to legal position that the injuries are not sine
qua non for establishing the offence of rape. It is also
true that the rape is not an medical term but it is a legal
term.
49. The law on the point of "rape" is well settled that
"rape" is crime and not a medical condition. "Rape" is a
legal term and not a diagnosis to be made by the
medical officer treating the victim.The only statement
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that can be made by the medical officer is that there is
evidence of recent sexual activity. Whether the "rape"
has occurred or not is a legal conclusion, not a medical
one.
50. At the same time, it is also well settled that the
testimony of the victim stands at par with that of an
injured witness. It is really not necessary to insist for
corroboration if the evidence of the victim inspires
confidence and appears to be credible.
51. Perusal of the testimony of the victim itself would
reveal that she had gone with the accused on her own.
She stayed along with the accused at various places
including friend's house at Bhandara and at the house of
relative at Veltur. The houses are situated in a
residential locality. Though, she was previously, as per
her evidence, was not acquainted with the accused, she
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went along with him, stayed with him and though she
was subjected for the forceful sexual assault, has not
made a grievance against the accused though she was
having an opportunity. She also nowhere disclosed
before the medical officer to whom she narrated the
history that she was subjected for the sexual assault,
which raises the doubt about occurrence of the incident.
It is true that the sole testimony of the victim is
sufficient to warrant conviction against the accused if it
inspires confidence.
52. Considering the entire evidence on record, it is
difficult to accept the evidence adduced by the victim.
There is no corroboration which is required as the
evidence of the victim falls short to repose the
confidence in her. The medical evidence is also not
supporting as far as the sexual activity is concerned.
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53. In view of the above evidence on record, the same
is not sufficient to hold that the victim was subjected for
the forceful sexual assault.
54. The presumption under Section 29 of the POCSO
is available only when foundational facts exist for
commission of offence under Section 5 of the POCSO
Act. Section 5 of the POCSO Act deals with aggravated
penetrative sexual assault and Section 6 of the POCSO
Act deals with punishment for punishment for
aggravated penetrative sexual assault.
55. Section 3 of the POCSO Act defines what
penetrative sexual assault is.
56. The presumption under Section 29 of the POCSO
Act is not an absolute presumption. It is rebutable
presumption. The presumption figures only when
foundational facts are established by the prosecution
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beyond reasonable doubt. The evidence on record must
be sufficient to believe the case of the prosecution and
thereby support the very foundation of the case of the
prosecution vis a vis the charge against the accused has
been shaken. Therefore, presumption under Section 29
of the POCSO Act would not get automatically triggered.
57. In the present case, the conduct of the victim
shows that she on her own went along with the accused,
stayed with him, not made her grievances, though she
was having an opportunity, as she travelled by the public
transport, when her admission during cross shows that
she is aware that having physical relationship before the
marriage is wrong. The medical evidence is only to the
extent of opening of hymen for which there are several
reasons. While narrating the history, she has not
narrated about the sexual assault on her. Though her
clothes were seized and forwarded to the analysis,
.....37/-
Judgment
428 apeal268.23
neither blood nor semen was detected on the said
clothes as per the Chemical Analyzer's Report. Some
blood stains are found on Article-2 leggins and Article-4
nicker, but the evidence of the medical officer shows
that at the time of her examination she was in her
menstruation.
58. All above these facts sufficiently show that the
prosecution failed to establish the charges against the
accused beyond reasonable doubt.
59. After re-appreciating the entire evidence, it
reveals that the evidence of the victim falls short to
inspire confidence. It is not corroborated either by the
medical evidence or by the chemical analysis. The
evidence of the father of the victim is only to the extent
of disclsoure of the victim about the incident. She has
not narrated about the sexual assault before the medical
.....38/-
Judgment
428 apeal268.23
officer and there is no independent corroboration even
to the fact that she stayed along with the accused at his
friend's house in his absence or at the relative's house in
their absence. Thus, involvement of the accused in the
above said crime, as far as allegation about sexual
assault is concerned, appears to be doubtful. The
evidence is consistent with the hypothesis of the
innocence of the accused.
60. In this view of the matter, I proceed to pass
following order:
ORDER
(1) The Criminal Appeal is allowed.
(2) The judgment and order dated 3.4.2023 passed by
learned Additional Sessions Judge, (Special Judge,
POCSO), Bhandara in Special Case (Child Protection)
No.115/2021 is hereby quashed and set aside.
.....39/-
Judgment
428 apeal268.23
(3) The accused is acquitted of offences for which he is
convicted and sentenced.
(4) The accused shall be released from the jail forthwith,
if he is not required in any other crime.
(5) The Bail Bonds of the accused stand cancelled.
Appeal stands disposed of.
(URMILA JOSHI-PHALKE, J.)
!! BrWankhede !!
Signed by: Mr. B. R. Wankhede
Designation: PS To Honourable Judge ...../-
Date: 11/07/2025 14:30:03
