XYZ vs THE STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

APEAL_28_21.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPEAL NO. 28 OF 2021 WITH INTERIM APPLICATION NO. 75 OF 2021 Mohammad Shahjad Amir Hasan Shaikh … Appellant/Applicant vs. The State of Maharashtra and another … Respondents WITH INTERIM APPLICATION (STAMP) NO. 1028 OF 2026 IN APPEAL NO. 28 OF 2021 XYZ … Applicant/ vs. Orig. Resp. No.2 The State of Maharashtra and another … Respondents Mr. Fauzan Shaikh a/w Mr. Mohd. Munerul Shaikh, Mr. Shashank Shubham and Mr. M. B. Shaikh for appellant and applicant in IA/75/21. Ms. Sangita E. Phad, APP for respondent No.1-State. Mr. Abhijit P. Kulkarni (appointed through legal aid) a/w Mr. Abhishek Roy, Ms. Sweta Shah, Mr. Shreyas Zarkar & Mr. Gourav Shahane for respondent No.2 and for applicant in IA(St)/1028/26. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ RESERVED ON : 20th JANUARY, 2026 PRONOUNCED ON: 09th MARCH, 2026 JUDGEMENT: (Per Manish Pitale, J) . The appellant has been convicted of raping his own minor daughter. He is aggrieved by judgement and order dated 12.03.2020, passed by the Special Court for Protection of Children from Sexual Offences Act, Greater Bombay (hereinafter referred to as the Trial 1/29 APEAL_28_21.doc Court), in POCSO Case No. 485 of 2018. By the said judgement, the appellant has been convicted for offences under section 376(2)(f) of the Indian Penal Code (hereinafter referred to as the IPC) and under sections 6 and 9(n) read with section 10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the POCSO Act). Upon his conviction, the appellant has been sentenced to suffer rigorous imprisonment for life, which is for the remainder of his natural life and he is also liable to pay fine of ₹ 1000 and in default of payment of fine,