Shanky Rameshbhai Chauhan v. The State Of Maharashtra

1 203.669.2016 apeal.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 669 OF 2016 Shanky Rameshbhai Chauhan .....Appellant V/s.

The State of Maharashtra .....Respondents and another Mr. Aniket Vagal for the appellant Mr. A. R. Kapadnis APP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

NOVEMBER 21, 2019.

P.C.

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

O R D E R

(i) The Judgment and Order dated 06/10/2016 passed by Special Judge under P.O.C.S.O. Act in POCSO Spl. C. No. 508 of 2014 is hereby quashed and set aside. Appellant/accused Shanky Rameshbhai Chauhan is hereby acquitted of the

2 203.669.2016 apeal.doc offence punishable under Section 6 of The Protection of Children from Sexual Offences Act, 2012.

(ii) Appellant/accused Shanky Rameshbhai Chauhan is also acquitted of the offence punishable under Section 347 of the Indian Penal Code.

(iii) Order of compensation under Section 33 (8) of the The Protection of Children from Sexual Offences Act, 2012 is also quashed and set aside. Compensation of Rs.

25,000/- if paid by appellant/accused, be refunded to him.

(iv) Appellant/accused Shanky Rameshbhai Chauhan be released forthwith, if not required in any other crime.

(v) Appeal is allowed in the above terms.

[NITIN W. SAMBRE, J.]