Mohammad Mustafa Matiulla Khan v. State Of Maharashtra And ANR.

1-APEAL-302-2024-Operative order.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CR. APPEAL NO. 302 OF 2024 Mohammad Mustafa Matiulla Khan .... Appellant V/s.

State Of Maharashtra And Anr.

.... Respondents ---- Ms.Ilsa Shaikh, for the Appellant.

Mr.C.D. Mali, APP, for Respondent No.1-State. Mr.Amol Laxman Dhumal, for Respondent No.2.

by NILAM SANTOSH KAMBLE Date: 2025.12.16 15:19:40 +0530 NILAM SANTOSH KAMBLE ---- CORAM : R.M. JOSHI, J.

DATE : 16th DECEMBER 2025 P.C:- .

For the reasons recorded separately the Appeal is partly allowed in the following terms.

ORDER

(i) The Appeal is partly allowed.

(ii) The Appellant is acquitted for the offences punishable under Section 376(2)(n) of the IPC and Section 4,6 and 12 of the POCSO Act.

(iii) The Appellant's conviction for the N.S. Kamble page 1 of 2

1-APEAL-302-2024-Operative order.doc offence punishable under Section 323 stands confirmed.

(iv) The Appellant is further convicted for the offence punishable under Section 506 of IPC and sentenced to suffer one year imprisonment with fine of Rs.1,000/- in default simple imprisonment for 10 days.

(v) Since the Appellant has already undergone sentenced for the period of 8 years he be released forthwith, if not, required in any other crime.

(R.M. JOSHI, J.) N.S. Kamble page 2 of 2