State Of Maharashtra, Through P.S.O. P.S. Bramhapuri, Chandrapur v. Umesh S/O Madhukar Raut

1 appa80.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION [APPA] NO.80 OF 2016 [State of Maharashtra .vs. Umesh s/o Madhukar Raut] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. T.A. Mirza, APP for the Appellant-State.

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CORAM : B.R. GAVAI AND MRS. SWAPNA JOSHI, JJ.

DATED : APRIL 26, 2016.

Heard.

For the reasons stated in the application, the application is allowed. Delay is condoned. Criminal Application stands disposed of.

CRIMINAL APPEAL NO. OF 2016 Criminal Appeal is taken for admission. We have perused the judgment and order passed by the learned Additional Sessions Judge, Chandrapur in Special (Child) Case No.33 of 2014 thereby acquitting the accused of the offence punishable under Sections 363, 366, 506, 376(2)(n) of the Indian Penal Code.

The perusal of the judgment passed by the learned trial Judge would reveal that upon the evidence placed on record, the learned trial Judge has come to the conclusion that the case was of consent. He has further come to the conclusion that though the prosecution had ample opportunity to establish that the prosecutrix was

2 appa80.16.odt below 18 years of age, no efforts were taken and as such the prosecution has failed to establish that the prosecutrix was below 18 years of age. No perversity is found in the findings recorded by the learned trial Judge. Hence, the same is rejected.

JUDGE JUDGE Gulande