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2023 Supreme(Bom) 427

VIBHA KANKANWADI, Y. G. KHOBRAGADE
XYZ – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amol S. Gandhi, Advocate
For the Respondent:Mr. R.D. Sanap, Mr. B.S. Doifode h/for Mr. S.S. Randive, advocate

JUDGMENT :

Y.G. Khobragade, J.

1. The appellant/original complainant invoked jurisdiction of this Court under section 372 of the Code of Criminal Procedure and assailed judgment and order dated 13.06.2018 passed by the learned Special Judge, Beed in Special (POCSO) Case No. 5 of 2017, whereby the present respondent No.2-accused is acquitted of the offence punishable under sections 376(2) of the Indian Penal Code and under section 4 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act).

2. In short, it is the case of the prosecution that on 15.07.2013, the informant/victim lodged a report with Georai Police Station, District Beed that alleging she is resident of village Raj-Pimpri and in the year 2010, she was residing at the house of her aunt at village Savargaon Tq. Majalgaon Dist.Beed for her education. Prior to three years of lodging of the report, she returned back to reside with her parents. When she was residing at her aunt's house, the accused Nitin Bhagwan Panchal who is son of her aunt was serving as Teacher in Ashram School at Georai and he was in visiting term at her house at Sawargaon. The victim and accused are relative. Therefore they were a

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