XYZ vs ARUN SHANKAR KHUTALE AND ANR.

Judgment text excerpt

904 Appeal 1070 of 2021 detaileds.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1070 OF 2021 XYZ Age : 39 Years, Occupation : House wife, Residing at : Room No.37, Building No.5, 3rd Floor, Dadar Police Station Compound, B S Road, Dadar (West), Mumbai : 400 028. ...Appellant Versus 1. Arun Shankar Khutale Aged 48 Years, Occupation : Service, Residing at : R.No.34, 3rd Floor, Bldg. No.5, Dadar Police Quarters, Dadar, Mumbai. 2. The State of Maharashtra (At the instance of Sr.P.I. Dadar Police Station in C.R. No.276 of 2018). ...Respondents ***** Mr. Jayant Bardeskar a/w Mr. Advocate for the Appellant Deepak Kurne Ms. Anjali Patil a/w Mr. Tohid Advocate for the Shaikh Respondent No. 1 Mr. H. J. Dedhia APP for Respondent-State ***** CORAM : S. M. MODAK, J. DATE : 17th OCTOBER 2025 JUDGMENT :- Digitally signed by SEEMA SEEMA KSHITIJ KSHITIJ YELKAR YELKAR Date: 2025.11.04 1. The Appellant (the mother of the victim, who is a minor girl) is 19:21:06 +0530 Seema 1/15 904 Appeal 1070 of 2021 detaileds.doc aggrieved by the judgment of acquittal pronounced by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”, hereinafter) Greater Mumbai, on 27 th August 2021. She intends to challenge the said judgment. The offences are under Section 354 of the Indian Penal Code, 1860 (“IPC, for short”) and under Sections 8 and 12 of the POCSO Act. The case is registered as POCSO CASE NO. 712 of 2018. 2. This is a case instituted on a police report. The Appellant has sought for leave to prefer an Appeal. The First-Informant being the mother of the victim has also to be treated as a victim. With consent, I have heard learned Advocate Shri Bardeskar for the Appellant and learned Advocate Ms. Anjali Patil f