Rahul S/O Bhaskar Gavade And ANR v. The State Of Maharashtra And ANR

:: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPEAL NO.915 OF 2015 Raju @ Kiran Dagadu Gavade ... APPELLANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Shri R.N. Dhorde, Senior Counsel with Shri V.R. Dhorde, Advocate for appellant Shri R.B. Bagul, A.P.P. for respondent No.1 - State Mrs. Uma S. Bhosale, Advocate for respondent No.2 (appointed) .......

WITH CRIMINAL APPEAL NO.929 OF 2015 WITH CRIMINAL APPLICATION NO.722 OF 2021 Rahul s/o Bhaskar Gavade & anr.

... APPELLANTS

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Shri C.R. Deshpande, Advocate for appellants Shri R.B. Bagul, A.P.P. for respondent No.1 - State Mrs. Uma S. Bhosale, Advocate for respondent No.2 (appointed) .......

WITH CRIMINAL APPEAL NO.38 OF 2016

:: 2 ::

Santosh Rohidas Borse & ors.

... APPELLANTS

VERSUS

The State of Maharashtra ... RESPONDENT .......

Shri Govind Kulkarni, Advocate for appellant Shri R.B. Bagul, A.P.P. for respondent No.1 - State .......

CORAM :

R. G. AVACHAT, J.

DATE :

08th June, 2022 OPERATIVE ORDER :

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

O R D E R

(i) The Criminal Appeals are allowed.

(ii) The judgment and order dated 30/11/2015, passed by learned Special Judge and Additional Sessions Judge, Dhule in Special Case No.108/2013, convicting the appellants and consequently sentencing them to imprisonment is hereby set aside.

(iii) The appellants are acquitted of the offences punishable under Sections 376-D read with Section 34 of the Indian Penal Code and Section 4 of the

:: 3 ::

Protection of Children from Sexual Offences Act, 2012. The appellants be set at liberty forthwith if not required in any other case.

(iv) Fine amount, if paid, be refunded to the appellants. ( R. G. AVACHAT ) JUDGE fmp/-