State applied for leave to file appeal against acquittal of accused under IPC 363, 366 & 34. Court found trial court's view not perverse and held that appeal application had no merit warranting re-agitation.
Leave to file appeal dismissed; matter disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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15.ALS.239-13.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION [ALS] NO.239 OF 2013
The State of Maharashtra Versus
Nitin Ramchandra Shelar & Ors.
..Applicant
..Respondents
Mr. A.R. Patil, APP, for the Applicant – State. Mr. V.S. Talkute, for Respondent Nos.1 & 2.
CORAM : A. R. JOSHI, J. DATE : 10th JUNE, 2015
P.C.
for leave to file appeal challenging the judgment and order of acquittal of the respondent/accused persons. The respondents/accused were acquitted of the offences punishable under Sections 363 and 366 read with Section 34 of IPC.
and omissions and also improvements in the substantive evidence of the prosecutrix girl (PW3). Though the Court came
to the conclusion that she was below 18 years of age on the date of the incident, the Court further held that her testimony cannot be believed as to enticing her away from the lawful guardianship of her parents by the respondents / original accused. Allegedly,
the incident of kidnapping took place in the afternoon of
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15.ALS.239-13.doc
3.10.2011 but the missing complaint was lodged with the police on 7.10.2011 and thereafter on knowing that the kidnapping was at the instance of the present respondent/original accused No.1, FIR was lodged against him on 14.10.2011 and the investigation was started. As such, this belated lodging of the complaint also influenced the trial Court to doubt the case of prosecution.
( A. R. JOSHI, J.)
Deshmane (PS)
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1 issue framed by the court
Whether leave to file appeal challenging the acquittal of respondents punishable under Sections 363 and 366 of IPC should be allowed considering contradictions in prosecutrix testimony and belated com
1 provisions across 1 enactments
The State of Maharashtra
Nitin Ramchandra Shelar & Ors.
A. R. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
