Maroti Madhav Tikekar v. The State Of Maharashtra

2025:BHC-AUG:5018-DB Cri.Appeal No.143/2021 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.143 OF 2021 WITH CRIMINAL APPLICATION NO.2443 OF 2021 Maroti s/o Madhav Tikekar ... APPELLANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Ms Ashwini A. Lomte, Advocate for appellant (appointed) Mrs. S.N. Deshmukh, A.P.P. for respondent No.1. Mr. Satej S. Jadhav, Advocate for respondent No.2 (appointed) .......

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.

Date of reserving judgment : 20th January, 2025 Date of pronouncing judgment : 21st February, 2025 OPERATIVE ORDER :

For the reasons recorded separately in the judgment, following order is passed :- (i) The Criminal Appeal is allowed.

(ii) The order of conviction and sentence, dated 28/11/2019, passed by Additional Sessions Judge, Bhokar, District Nanded

Cri.Appeal No.143/2021 :: 2 ::

in Special Case (POCSO) No.07/2019 is hereby set aside. The appellant is acquitted of the offences punishable under Sections 376(2)(f)(i)(j), 354(A)(1), 323, 504 and 506 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

(iii) The appellant be set at liberty forthwith if not required in any other case. Fine amount, if paid, be refunded to him. (iv) Fees of learned Advocate Ms Ashwini Lomte, who was appointed for the appellant, is quantified at Rs.10,000/- (Rupees ten thousand).

(v) Criminal Application No.2443/2021 stand disposed of. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-