Lokesh Hiralal Khotele vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2026)

Lokesh Hiralal Khotele vs State of Maharashtra… — Child Sexual Offences (POCSO) | Bombay HC (2026)

What the court decided

AI extract

Outcome

Condonation of delay of 832 days in filing the appeal against conviction; application allowed; the appeal to be registered and admitted; learned APP waives notice for the Respondent/State; R&P to be called; appeal listed for final disposal after preparation of the Paper Book.

Issue for consideration

Whether the delay of 832 days in filing the appeal against conviction should be condoned.

Court's answer

The reasons mentioned in the condonation application appear to be reasonable and justifiable, and denial would deprive the appellant of his statutory right to prefer an appeal.

Ratio / Principle

The application is allowed and the delay of 832 days in filing the appeal against conviction is condoned.

Key takeaways

The criminal appeal is directed to be registered.ratio¶19

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Coram: Urmila Joshi-Phalke and Nivedita P. Mehta, JJ.; order dated 18th April, 2026) in Criminal Application (APPA) No. 294 of 2026 in Criminal Appeal (ST) No. 4087 of 2026, Lokesh Hiralal Khotele v. State of Maharashtra (Thr. P.S.O., Police Station Duggipar, Dist. Gondia): The Court condoned a delay of 832 days in filing an appeal against conviction. The appellant, prosecuted under Section 376(AB) of IPC and Section 5(m) read with Section 6 of the POCSO Act, stood convicted under Section 6 of the POCSO Act by judgment dated 25.10.2023 and was sentenced to rigorous imprisonment for life meaning imprisonment for the remainder of his natural life, with fine. Explaining the delay, he stated that being in jail he could not communicate with his family members, and that his illiterate mother was unaware of the legal position. Holding these reasons reasonable and justifiable, and observing that denial would deprive the appellant of his statutory right to prefer an appeal, the Court allowed the application, condoned the delay of 832 days, and directed that the appeal be registered. In the appeal, the Court admitted it, recorded the learned APP's waiver of notice for the State, called for R&P, and listed the appeal for final disposal after preparation of the Paper Book.

2026:BHC-NAG:6100-DB

1 31.APPA.294-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

CRIMINAL APPLICATION (APPA) NO. 294 OF 2026 IN

CRIMINAL APPEAL (ST) NO. 4087 OF 2026

( Lokesh Hiralal Khotele

Vs.

State of Maharashtra, Thr. P.S.O. Police Station, Duggipar, Dist. Gondia)

Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

Mr. P. Vairagade, Advocate h/f Mr. A.M. Chandekar, Advocate for the Appellant. Mr. Nikhil Joshi, APP for the Respondent/State.

CORAM: URMILA JOSHI-PHALKE AND NIVEDITA P. MEHTA, JJ.

DATED : 18^th APRIL, 2026

1 . By this Application, the Applicant/Appellant is seeking condonation of delay of 832 days which is caused in filing the Appeal against conviction.

2 . As per the contention of the present Appellant that he was prosecuted for the offence punishable under Section 376(AB) of IPC and under Section 5(m) read with Section 6 of the Protection of Children from Sexual Offences Act (for short “POCSO”) and he is convicted for the offence punishable under Section 6 of the POCSO Act and sentenced him to suffer rigorous imprisonment for life which shall mean imprisonment for the remainder of natural life and to pay fine. The judgment was delivered on 25.10.2023, he was in jail, and therefore, he could not communicate with his family members. His mother is illiterate and she is not aware about

2 31.APPA.294-2026.odt

the legal position of law, and therefore, the Appeal could not be filed within time.

3 . Learned APP strongly opposed the said contention and submitted that the delay is not properly explained.

4 . After hearing both the sides and after going through the Application and the reasons mentioned therein, which appears to be reasonable and justifiable one, the denial would deprive the present Appellant to prefer an Appeal, which is his statutory right. In view of that, the Application is allowed . The delay of 832 days is condoned.

5 . The Appeal be registered.

CRIMINAL APPEAL ST. NO. 4087 OF 2026

1 . Heard.

2 . ADMIT.

3 . Mr. Joshi, learned APP, waives notice for the Respondent/State.

4 . Call R & P.

5 . List the Appeal for final disposal after preparation of the Paper Book.

(NIVEDITA P. MEHTA, J.) (URMILA JOSHI-PHALKE, J.)

SD. Bhimte

Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 20/04/2026 19:23:31