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Bombay High CourtAPPA/745/2022allowed

State Of Mha. Thr. Pso Ps Murtizapur (Rural) Tq.Murtizapur Dist.Akola v. Manoj Subhash Shejav And Another

2023-02-16Hon'Ble Shri Justice Vinay Joshi,Hon'Ble Shri Justice Valmiki Menezes2 pages

Order 1602apppa745.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION [APPA] NO. 745/2022.

State of Maharashtra.

-VERSUSManoj Subhash Shejav and another.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri S.A. Ashirgade, Addl.P.P. for the Applicant. Shri N.R. Tekade, Advocate for Non-applicant No.1. Mrs. R. Godbole, Advocate for Non-applicant No.2. CORAM : VINAY JOSHI AND VALMIKI SA MENEZES , J J.

DATE : FEBRUARY 16 , 2023 .

Heard.

2.

This is an application by State in terms of Section 378 of the Code of Criminal Procedure seeking leave to file appeal challenging the order of acquittal passed by the trial Court in Sessions Case No.62/2017.

3.

The non-applicant / accused was tried and convicted by the trial Court for the offence punishable under Sections 363, 366, 376 of the Indian Penal Code and Sections 3 and 4 of Rgd.

Order 1602apppa745.22 Protection of Children from Sexual Offences Act. During trial, the prosecution has examined total 8 witnesses.

4.

We have gone through the evidence of the witnesses and the reason assigned for acquittal. The matter needs a re-look, hence, leave granted. Office to register the appeal.

.........

Criminal Appeal No. /2023.

Heard.

2.

Admit.

Learned Counsel appearing for the respondents waive notice.

Call for R & P.

JUDGE JUDGE Signed By:RAKESH GANESHLAL DHURIYA Private Secretary High Court of Bombay, at Nagpur Rgd.