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2023 Supreme(Bom) 2014

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


Advocates appeared:
A.N. Saud Deshmukh, Advocate, R.D. Sanap, Advocate

JUDGMENT/ORDER

Y.G.KHOBRAGADE, J. - By the present appeal under Sec. 372 of the Code of Criminal Procedure, the prosecutrix is challenging the judgment and order dtd. 7/11/2019, passed by the learned Special Court under the POCSO Act and Additional Sessions Judge, Aurangabad in Special Case Child Prot. No.62/2015, thereby acquitting respondent Nos.2 and 3 original accused Nos.1 and 2 for the offences punishable under Ss. 363, 366-A, 376(2)(i) read with Sec. 34 of the Indian Penal Code and Sec. 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

2. As per the provisions of Sec. 228-A of the Indian Penal Code, identity of victim in rape (sexual offences) is concealed in all manner including names of her relatives and the School/College where the victim studied.

3. In nutshell, the prosecution story is that on 14/11/2014, the victim's mother lodged report with the concerned Police Station alleging that on 11/11/2014 at about 3.00 p.m., she with her minor victim daughter had gone to the house of her foster sister. At that time, her victim daughter had stayed outside of her sister's house and she was taking tea inside the house of her sister. However, at that time her v

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