Saraswati Vithalrao Pawar v. The State Of Maharashtra And Another

Order 0401apeal2.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPEAL NO. 2/2020.

Saraswati Vithalrao Pawar -VERSUSState of Maharashtra and another.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

None for the Appellant.

Ms. H.N. Jaipurkar, A.P.P. for Respondent No.1. CORAM : VINAY JOSHI, J.

DATE : JANUARY 04, 2021.

None for the appellant. Learned A.P.P.

is present for respondent no.1.

2.

This is an appeal of victim in terms of Section 372 of the Code of Criminal Procedure challenging the order of acquittal of respondent no.2 [accused] from the offence punishable under Sections 354-A[2], 354-D[2], 509 and 506 of the Indian Penal Code and Section 8 of the Protection of Children from Sexual Offences Act, 2012.

Order 0401apeal2.20 3.

Consistently the appellant and his Counsel are absent to satisfy on the point of admission. Learned A.P.P. has not canvassed that the State has challenged the order of acquittal in appeal.

4.

Since this is an appeal against acquittal, the law on the point is well settled that unless there is perversity, the finding of acquittal cannot be disturbed. In this view of the matter, since the appellant has to satisfy on the point of admission, however, he is absent. Apparently it seems that the appellant is not interested in the matter and therefore, unnecessarily exercise of scanning of evidence is not required. The appeal is thus, dismissed for want of prosecution.

JUDGE Rgd.