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Bombay High CourtALS/138/2019others disposed off

The State Of Maharashtra v. Preetam Ananda Shinde

2019-11-19Hon'Ble Shri Justice Nitin W. Sambre1 pages

(32) ALS-138-19.doc BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Bharat D. Pandit CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 138 OF 2019 Bharat D. Pandit Date: 2019.11.21 11:17:59 +0530 The State of Maharashtra ..... Applicant.

V/s Preetam Anand Shinde ..... Respondent.

Mr. S.V. Gavand, APP for the State.

CORAM: NITIN W. SAMBRE, J.

DATE: NOVEMBER 19, 2019 P.C.:- The learned Special Court, while recording finding on the issue of age of the victim, has rightly inferred that the victim was matured enough to understand right or wrong decision. Apart from above, the circumstances in which the offence is committed and the fact that the offence under Section 8 and 12 of the POCSO Act, 2012 was not established, the view expressed by the learned Special Court for acquitting the accused is a possible view. Hence, no interference is warranted. Leave is refused.

( NITIN W. SAMBRE, J. ) 1/1