Bombay High Court
Raju @ Kiran Dagadu Gavade vs The State Of Maharashtra And Anr on 8 June, 2022
Author: R. G. Avachat
Bench: R. G. Avachat
First Appeal No.915/2015
with connected appeals
:: 1 ::
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPEAL NO.915 OF 2015
Raju @ Kiran Dagadu Gavade ... APPELLANT
VERSUS
The State of Maharashtra & anr. ... RESPONDENTS
.......
Shri R.N. Dhorde, Senior Counsel with
Shri V.R. Dhorde, Advocate for appellant
Shri R.B. Bagul, A.P.P. for respondent No.1 - State
Mrs. Uma S. Bhosale, Advocate for respondent No.2
(appointed)
.......
WITH
CRIMINAL APPEAL NO.929 OF 2015 WITH
CRIMINAL APPLICATION NO.722 OF 2021
Rahul s/o Bhaskar Gavade & anr. ... APPELLANTS
VERSUS
The State of Maharashtra & anr. ... RESPONDENTS
.......
Shri C.R. Deshpande, Advocate for appellants
Shri R.B. Bagul, A.P.P. for respondent No.1 - State
Mrs. Uma S. Bhosale, Advocate for respondent No.2
(appointed)
.......
WITH
CRIMINAL APPEAL NO.38 OF 2016
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First Appeal No.915/2015
with connected appeals
:: 2 ::
Santosh Rohidas Borse & ors. ... APPELLANTS
VERSUS
The State of Maharashtra ... RESPONDENT
.......
Shri Govind Kulkarni, Advocate for appellant
Shri R.B. Bagul, A.P.P. for respondent No.1 - State
.......
CORAM : R. G. AVACHAT, J.
DATE : 08th June, 2022
OPERATIVE ORDER :
For the reasons separately recorded, following
order is passed :-
ORDER
(i) The Criminal Appeals are allowed.
(ii) The judgment and order dated 30/11/2015, passed by learned Special Judge and Additional Sessions Judge, Dhule in Special Case No.108/2013, convicting the appellants and consequently sentencing them to imprisonment is hereby set aside.
(iii) The appellants are acquitted of the offences punishable under Sections 376-D read with Section 34 of the Indian Penal Code and Section 4 of the ::: Uploaded on - 08/06/2022 ::: Downloaded on - 09/06/2022 11:10:23 ::: First Appeal No.915/2015 with connected appeals :: 3 ::
Protection of Children from Sexual Offences Act, 2012. The appellants be set at liberty forthwith if not required in any other case.
(iv) Fine amount, if paid, be refunded to the appellants.
( R. G. AVACHAT ) JUDGE fmp/-
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