SHANTILAL DASHRATH GAIKWAD vs STATE OF MAHARASHTRA

Judgment text excerpt

HEMANT CHANDERSEN SHIV H. C. SHIV app218.25.doc Digitally signed by HEMANT CHANDERSEN SHIV Date: 2026.03.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY 19:32:26 +0300 CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.218 OF 2025 WITH INTERIM APPLICATION NO.695 OF 2025 WITH INTERIM APPLICATION NO.697 OF 2025 IN CRIMINAL APPEAL NO.218 OF 2025 Shantilal Dashrath Gaikwad Age 50 years, Occupation Labour Resident Near Thane Railway station, Permanent Address : Vishrantwadi Dhanoli road, Patri Chawl, Alandi Road, Survey No.12, Bhimnagar Slum Road, Pune … Appellant V/s. State of Maharashtra Through Public Prosecutor 2nd Floor, PWD Building, High Court, Fort, Mumbai 400 032 … Respondent Mr. Amit Gharte, Advocate appointed by Legal Aid for the Appellant. Mr. Vinod Chate, APP for the Respondent-State. CORAM : A. S. GADKARI AND SHYAM C. CHANDAK, JJ. RESERVED ON : 26th FEBRUARY 2026 PRONOUNCED ON : 25th March 2026 JUDGMENT: [PER- SHYAM C. CHANDAK, J.] 1) Challenge in this Appeal is to a Judgment and Order dated 9th July 2024 passed by the learned Special Judge (POCSO), at Thane in Special (P) Case No.231 of 2016, thereby, the Appellant/Original Accused 1 H. C. SHIV app218.25.doc No.3 is convicted under Sections 363, 302 and 201 of the Indian Penal Code (for short ‘IPC’) and sentenced as under :- Under Section 363 of IPC, Appellant was sentenced to suffer R.I. for 5 years and to pay fine of Rs.5,000/- and i/d to undergo simple imprisonment for one month. Under Section 302 and 201 of the IPC, he was sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/- and i/d to undergo simple imprisonment for one month. However, the Appellant was acquitted of the remaining charges framed against him. 2) Heard Mr. Gharte, learned Advocate for the Appellant appointed by Legal Aid and