Rajesh Muttukumar Acharya And ANR v. The State Of Maharashtra And ANR

rsk 1/1 70-APL-1453-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1453 OF 2018 Rajesh Muttukumar Acharya and Anr.

...Applicants vs.

The State of Maharashtra and Anr.

...Respondents

---- Mr.Shankar M. Katkar i/b Ms. Manisha A. Devkar for the Applicants. Smt. S. D. Shinde, APP for the Respondents.

---- CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATE : 03/01/2019.

P.C.:

.

In final report submitted on 22/9/2016 the provisions of sections 354, 506, 452 and 34 of IPC and 8 of POCSO Act are invoked. 2.

We have heard learned counsel for the applicant. He submits that eye witness has brought on record totally different version. 3.

We have perused the statement of victim which supports the case of prosecution. At this stage we are therefore not inclined to exercise extra ordinary jurisdiction. The application is rejected. 4.

Needless to mention that our observations are only for the purpose of refusing to intervene in extra ordinary jurisdiction and the same shall not preclude the applicant from taking recourse to other remedies. (REVATI MOHITE DERE, J.) (B. P. DHARMADHIKARI, J.)