Bombay High CourtAPPA/510/2015rejected

State Of Maharashtra, Through P.S.O., P.S. Chimur, Chandrapur v. Jakir Jabir Qureshi

2016-03-17Hon'Ble Shri Justice Z.A. Haq2 pages

1 appa510.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO. 510 OF 2015 IN CRIMINAL APPEAL NO. OF 2015 (THE STATE OF MAH. THR. PSO PS CHIMUR, CHANDRAPUR...VS..JAKIR JABIR QURESHI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : MARCH 17, 2016.

Heard Shri S.S.Doifode,A.P.P. for the appellant / State of Maharashtra and Shri A.C.Jaltare, advocate for the respondent.

The State of Maharashtra has filed this appeal challenging the judgment passed by the learned Special Judge acquitting the respondent of the charge of commission of offence under Section 7 punishable under Section 8 of the Protection of Children from Sexual Offences Act, 2012 and Sections 452 and 354-A(1)(i) and 506 of the Indian Penal Code.

The learned A.P.P. has referred to the evidence of the victim and the findings recorded by the learned Special Judge. It is submitted that the learned Special Judge has committed an error by recording acquittal only because of some omissions in the statement of the victim. After examining the evidence on the record and the findings recorded by the learned Special Judge, I find that the learned Special Judge has considered all the material and relevant evidence in extenso and the findings recorded by the

2 appa510.15 learned Special Judge that the prosecution has failed to prove its case beyond reasonable doubt cannot be faulted with. I see no reason to consider the application under Section 378(3) of the Code of Criminal Procedure. The prayer is accordingly rejected. Consequently the appeal is dismissed.

JUDGE RRaut..