Umesh Rajabhau Khandekar v. The State Of Maharashtra

1 operative order in crappeal499-14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.499 OF 2014 Umesh Rajabhau Khandekar, Age 23 years, occ. Labour, r/o. Gourgaon, Tq.Kallam, Dist. Osmanabad ..Appellant

Versus

The State of Maharashtra ..Respondent -- Mr.S.J.Salunke, advocate for appellant Ms.S.D.Shelke, APP for respondent - State -- CORAM : M.T. JOSHI, J.

DATE : MARCH 26, 2015 OPERATIVE COURT :

Heard.

2] For the reasons recorded separately in the judgment, following order is passed :- a] The Criminal Appeal is allowed.

b] The judgment and order dated 24th July, 2014 in Special (Child Sex) Case No.01 of 2014 passed by

2 operative order in crappeal499-14.odt learned Special Judge, Osmanabad, for the offences punishable under Section 363, 366 and 376 of Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012, is hereby quashed and set aside.

c] The appellant is acquitted of the offences punishable under Section 363, 366 and 376 of Indian Penal Code and Section 4 of the Protection of Children from Sexual Offences Act, 2012.

d] He be released forthwith, if not required in any other case.

e] Fine amount, if deposited by the appellant, be refunded to him.

[M.T. JOSHI, J.] kbp