Bombay High Court
Mohd Zakir Habib Khan vs The State Of Maharashtra on 12 August, 2020
Bench: S.S.Shinde, M.S.Karnik
3 Cr. Appeal 516-16.odt
Bhogale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 516 OF 2016
(Annexure - A-1- Sr.381)
Mohd. Zakir Habib Khan .. Appellant
V/s.
The State of Maharashtra .. Respondent
Mr.Aniket Vagal, for the Appellant.
Dr. F.R. Shaikh, APP for the Respondent - State.
CORAM : S.S.SHINDE, J. &
M.S.KARNIK, J.
DATE : AUGUST 12, 2020
P.C.:-
For the reasons to be recorded separately, we pass
the following order.
ORDER
i) The Appeal is allowed.
ii) The impugned judgment and order dated 22 nd June 2016
passed by the Trial Court is quashed and set aside.
iii) The appellant/original accused - Mohd. Zakir Habib Khan is acquitted of the ofences punishable under Sections 354, 376 1/2 3 Cr. Appeal 516-16.odt and 504 of the Indian Penal Code and Section 4 and 8 of the Protection of Children from Sexual Ofences Act, 2012. He shall be set at liberty forthwith unless he is required in any other case.
iv) The fne amount which was deposited shall be refunded to the accused - appellant.
v) In terms of provisions of Section 437A of the Code of Criminal Procedure, 1973 the appellant shall execute bail bonds in the sum of Rs.15,000/- with one or more sureties of the like amount to the satisfaction of the trial Court.
vi) This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
(M.S.KARNIK, J.) (S.S.SHINDE, J.) Digitally signed by Urmila Urmila P. Ingle P. Date:
Ingle 2020.08.13
18:32:45
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