SAURABH BAPU KHOMANE vs THE STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

902-APEAL-873-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.873 OF 2025 SATISH RAMCHANDRA SANGAR Saurabh Bapu Khomane Digitally signed by SATISH RAMCHANDRA Age : 25 Years, Occupation : Student, SANGAR Date: 2025.09.26 Residing at : Morgaon Road, Jejuri, 17:08:52 +0530 Taluka : Purandar, District : Pune. ...Appellant Versus 1. The State of Maharashtra (Through Jejuri Police Station vide C.R. No.234 of 2025). 2. XYZ (Through Jejuri Police Station). ...Respondents ***** Mr.Pawan Mali a/w Mr.Rupesh Advocate for Appellant. Zade:- Mr.Ashok S. Gawai:- APP for Respondent No.1-State. Ms.Vilasini Balsubramanian:- Appointed Advocate for Respondent No.2/Complainant. ***** CORAM : S. M. MODAK, J. DATE : 17th SEPTEMBER 2025 ORAL ORDER :- 1. I have heard learned Advocate Shri.Mali for the Appellant at great length. Also heard learned APP and learned Advocate for the First-Informant / Respondent No.2 at great length. 2. Today learned APP submitted that charge-sheet is filed before the concerned Special Court. He has brought copy of the charge-sheet. Satish Sangar 1/10 902-APEAL-873-2025.doc It was filed for the offences under Sections 64(1)(2)(m), 69, 352, 351(2), 351(3) of Bharatiya Nyaya Sanhita, 2023 (“BNS”) and under Sections 3(1)(r)(s), 3(1)(w)(i)(ii), 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (“SC & ST Act”). Learned APP is kind enough to allow the learned Advocate for the First-Informant and Mr.Mali to go through the charge-sheet. After reading the same, both have made additional submissions. 3. Learned Advocate for the victim invited my attention that the present Appellant was in jail involving the similar incident. Whereas Mr.Mali on the basis of contents of statement r