Nilesh Kisan Waghe vs the State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2025)

Nilesh Kisan Waghe vs the State of Maharashtra — Child Sexual Offences (POCSO) | Bombay HC (2025)

What the court decided

AI extract

Outcome

Purely procedural directions; no decision on the merits or on the minority/age claim. Registry directed to give copies of Interim Application No. 3493 of 2025 to the appellant's counsel and the learned APP within one week; original School Leaving Certificate returned to the appellant's counsel with a copy made available to the APP (given in Court the same day) for seeking appropriate instructions and verification of the age claim; necessary steps to be taken within three weeks; appeal with pending applications listed for further consideration on 7 January 2026.

Issue for consideration

Whether the appellant, who claims a date of birth of 15 March 2000 per a School Leaving Certificate, was a minor on the date of the alleged offence (10 December 2017), such that he could not have been convicted for offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO).

Detailed headnote1 paragraphs

Bombay High Court, Criminal Appellate Jurisdiction (Manish Pitale and Manjusha Deshpande, JJ.), 08 December 2025 — Criminal Appeal No. 1034 of 2023, Nilesh Kisan Waghe v. The State of Maharashtra & Anr., with Interim Applications Nos. 3493 of 2025 and 4189 of 2023. By a handwritten application filed through jail (IA No. 3493 of 2025), the appellant — convicted for offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO) in respect of an alleged offence dated 10 December 2017 — claimed that he was himself a minor on the date of the offence and thus could not have been so convicted, relying on a School Leaving Certificate recording his date of birth as 15 March 2000. The original certificate was tendered in Court, a copy was furnished to the learned APP the same day, and the original was returned to the appellant's counsel. The Court directed the Registry to supply copies of the application to the appellant's counsel and the APP within one week, the APP to seek appropriate instructions and verify the claim, necessary steps within three weeks, and listed the appeal with pending applications for further consideration on 7 January 2026. The order decides nothing on the merits; the minority/age question remains open.

Digitally signed by RUSHIKESH RUSHIKESH VISHNU VISHNU PATIL PATIL Date: 2025.12.08 19:12:48 +0530

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14 APEAL.1034.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1034 OF 2023 WITH

INTERIM APPLICATION NO. 3493 OF 2025 WITH INTERIM APPLICATION NO. 4189 OF 2023

IN

CRIMINAL APPEAL NO. 1034 OF 2023

Nilesh Kisan Waghe … Appellant/Applicant

Versus

The State of Maharashtra & Anr.

… Respondents

Ms Syed Shabana Mashkoor, for the Appellant/Applicant. Ms Sharmila S. Kaushik, APP for the Respondent -State. Ms Vrushali Maindad, for Respondent No. 2.

CORAM : MANISH PITALE AND MANJUSHA DESHPANDE, JJ.

DATE : 08^th DECEMBER 2025

P.C. :

. In this appeal, Interim Application No. 3493 of 2025 is filed through jail by the appellant, which is a handwritten application. The appellant has annexed a photocopy of a School Leaving Certificate, which records the date of birth of the appellant as 15^th March 2000. On this basis, it is claimed that on the date of the alleged offence, i.e. 10^th December 2017, the appellant himself was a minor and therefore, he could not have been convicted for offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO).

Rushikesh

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14 APEAL.1034.2023.doc

The learned counsel for the appellant has tendered the original School Leaving Certificate for perusal of this Court. She submits that a copy thereof can be given to the learned APP for verification.

We are of the opinion that a copy of Interim Application No. 3493 of 2025 filed by the appellant through jail should also be made available to the counsel for assisting this Court.

In view of the above, the Registry is directed to give copies of Interim Application No. 3493 of 2025 to the learned counsel for the appellant as well as the learned APP within one week from today.

The original School Leaving Certificate tendered for perusal by the learned counsel for the appellant is returned to the learned counsel.

A copy of the same shall be made available to the learned APP for seeking appropriate instructions in the matter for verification of the claim made by the appellant.

It is noted that the copy of the School Leaving Certificate is given today itself in Court to the learned APP.

Necessary steps in the matter be taken within three weeks from today.

List the appeal with pending applications for further consideration 7^th January 2026.

(MANJUSHA DESHPANDE, J.)

(MANISH PITALE, J.)

Rushikesh