Bombay High Court
The State Of Maharashtra vs Akshay Balu Satare And Anr on 18 December, 2018
Author: T.V. Nalawade
Bench: T.V. Nalawade
1 911- Appln. for Leave to Appeal by State 50-
2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
APPLICATION FOR LEAVE TO APPEAL BY STATE NO. 50 OF 2018
The State of Maharashtra
( Through Police Inspector,
Bhingar Camp Police Station,
Ahmednagar ..APPLICANT
VERSUS
1. Akshay Balu Satare,
Age : 21 Years,
R/o. Malad Malwani-1,
Kharwadi village, Aali Talav,
Mahalaxmi Chawal,
Mumbai-95.
2. Mahadeo Karbhari Satare,
Age : 35 Years,
R/o. Belgaon Tal. Asthi,
Dist. Beed. ..RESPONDENTS
...
APP for Applicant- State : Smt. V. S. Chaudhary
Advocate for Respondent No.1 : Mr. N.R. Thorat h/f
Mr. A. K. Gawali
...
CORAM :T.V. NALAWADE J.
DATE : 18-12-2018
ORDER :-
1. The proceeding is filed by the State for grant of leave to file appeal against Judgment and order of acquittal dated 22.04.2017 passed by the learned Sessions Judge, Special Court (POCSO) Ahmednagar in Sessions Case No. 183/2015 for the offences punishable under Sections 363, 366-A, 341, 427 of the Indian Penal Code, 1860 and ::: Uploaded on - 21/12/2018 ::: Downloaded on - 25/12/2018 21:15:26 ::: 2 911- Appln. for Leave to Appeal by State 50- 2018.odt under Sections 16 and 17 of The Protection of Children from Sexual Offences Act, 2012( POCSO Act).
2. Heard the learned A.P.P.
3. Seen the record of evidence and the reasoning given by the trial Court.
4. The victim girl was aged about 13 years at the relevant time. She was studying in the 8th standard. Her father gave a report on 23.03.2015 that the Victim girl had left home on 21.03.2015, by saying that she was proceeding to dispensary for treatment. She had a dogged bite on 16.03.2015, and so she was expected to take injections in respect of the dog bite. She left the home on two wheeler alone at 4.00 p.m As she did not return to home the report was given on 23.03.2015, by the father about the missing of victim girl and he expressed that somebody had probably kidnapped her on 21.03.2015 after 4 p.m.
5. The victim girl returned on 25.03.2015. Her statement was recorded by the police and also by the Special Judicial Magistrate under Section 164 of the Cr. P.C. She disclosed that accused No.1 has established contact with her on face book and she had accepted friendship request of accused no.1. She disclosed that the accused No.1 was resident of Mumbai but on 21.03.2015 he contacted her and informed that he had come to Ahmednagar. He asked her to come to the particular place and so she went there. After reaching the said place he realized that she had seen the accused No.1 in the past also in ::: Uploaded on - 21/12/2018 ::: Downloaded on - 25/12/2018 21:15:26 ::: 3 911- Appln. for Leave to Appeal by State 50- 2018.odt Ahmednagar. As accused No.1 took the key of her two wheeler by saying that he had some work to do, she gave her company. Then accused No.1 took her to other place, the place of his cousin brother and there she was virtually detained for two days. She somehow escaped from that place on 25th in the night time on motorcycle. The headlight of her motorcycle was broken, to see that she does not use the motorcycle. There was no petrol and so on the way she was required to abondoned her motorcycle. She contacted the police who were doing night duty of patrolling and then police contacted to her father.
6. In the Court prosecutrix gave evidence of aforesaid nature but the trial Court has not believed the prosecutrix. There was apparently no reason for the prosecutrix to falsely implicate accused No.1. He has taken the defence of total denial. He had taken prosecutrix in his custody when she was out of home and so it can be said that there is good arguable case at least as against accused No.1 in the appeal. Even if it is presumed accused No.2 had allowed accused No.1 to keep the prosecutrix in the house for some time, that circumstances is not sufficient to infer the intention against the accused No.2 and so this Court holds that view taken in favour of accused No.2 is a possible view.
7. In the result following order.
8. The application of the State filed as against the accused No.1 is allowed and leave is granted to file appeal.
9. The application filed as against the accused No.2 is dismissed. ::: Uploaded on - 21/12/2018 ::: Downloaded on - 25/12/2018 21:15:26 :::
4 911- Appln. for Leave to Appeal by State 50- 2018.odt
10. This Court has granted leave to State to file appeal as against accused No.1 Akshay and reasons for the same are given. For the same reasons the appeal is admitted.
11. Comply the provision of Section 390 of the Code of Criminal Procedure. The record be sent to the trial Court in both the matters for preparation of paper book. After receipt of paper book and record the matter be listed.
[T.V. NALAWADE] JUDGE YSK/ ::: Uploaded on - 21/12/2018 ::: Downloaded on - 25/12/2018 21:15:26 :::