PRADIP PRAKASH BAIKAR vs THE STATE OF MAHARASHTRA AND ANR.

Judgment text excerpt

APEAL 728-22.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 728 OF 2022 Pradip Prakash Baikar ...Appellant Versus The State of Maharashtra and Anr. ...Respondents SNEHA **** NITIN Mr. Akshay Dingale for the Appellant. CHAVAN Digitally signed Mr. Ashok Gawai APP for the Respondent/State. by SNEHA NITIN CHAVAN Ms. Gunjan Thakkar (appointed by Legal Aid) for Respondent No.2. Date: 2026.02.25 18:59:32 +0530 **** CORAM : R.M. JOSHI, J. RESERVED ON : 16th FEBRUARY, 2026 PRONOUNCED ON : 25th FEBRUARY, 2026 : JUDGMENT : 1. Appellant/convict takes exception to the judgment and order dated 07.06.2022 passed in Special Case No.16 of 2014, whereby the Appellant came to be convicted for the offences punishable under Section 376(2)(i), 506 of IPC and Section 6 and 10 of the Protection of Children from Sexual Offences, Act 2012 (‘POCSO’ for short), sentenced to suffer maximum sentence of imprisonment of 10 years with fine, with default sentence. 2. First informant i.e. mother of the victim lodged report to the Ghatkopar Police Station informing about the occurrence of the incident prior to 4 days of lodging of the report. According to the informant, on 26.08.2013 victim complained to her mother about stomach pain. On questioning her about the reason for the same, she disclosed that prior to 4 days a man residing in front of the house called her on the pretext of giving food articles. He thereafter, removed her clothes and Sneha Chavan 1 APEAL 728-22.doc committed sexual intercourse with her. Informant further states that her husband came back home at about 09.00 p.m. and thereafter, he called his brother. On the advice of his brother, they went to the police station and lodged report. Investigation was carried out by a woman police of