The State of Maharashtra v. Haribhau @ Dattarao Manikrao Shinde
Case brief
What is this about?
Application for leave to appeal against acquittal in POCSO case dismissed. High Court upheld trial court's finding that prosecution failed to prove victim's age constituted under POCSO and accused's testimony lacked credence.
What did the court decide?
Application for leave to appeal under Section 378 CrPC rejected; acquittal of respondent affirmed.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
14 APPLICATION FOR LEAVE TO APPEAL BY STATE NO.115 OF 2020
The State of Maharashtra Through Officer In-charge of Police Station, Gangakhed, Tq. Gangakhed, Dist. Parbhani.
… Applicant
… Versus …
Haribhau @ Dattarao Manikrao Shinde, Age 35 yrs., Occ. Agri., R/o Wazur, Tq. Purna, Dist. Parbhani.
… Respondent
Mr. S.J. Salgare, APP for applicant
CORAM : SMT. VIBHA KANKANWADI S.G. CHAPALGAONKAR, JJ. DATE : 26th JUNE, 2023
ORDER : (PER : SMT. VIBHA KANKANWADI, J.)
1 Present application has been filed by the prosecution seeking
leave under Section 378 (1)(b) of the Code of Criminal Procedure, 1973 to
Issues for consideration
3 issues framed by the court
Whether the facts established warrant revisiting the trial court's finding that the victim was not a 'child' under POCSO.
Whether the Press Officer's discretion to cite the case as 'other' takes precedence over specific subject categories.
Whether the evidence presented justifies setting aside the acquittal.
Parties & counsel
- applicant
State of Maharashtra Through Officer In-charge of Police Station, Gangakhed
- respondent
Haribhau @ Dattarao Manikrao Shinde
Coram
Vibha Kankanwadi
Case details
As recorded by the court registry
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