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M. S. KARNIK
Mahesh Baburao Dhavale – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT (ORAL)
The challenge in this appeal is to clause (vi) of the operative portion of the judgment and order dated 22/04/2022 passed by learned Extra Joint Additional Sessions Judge, Pune in Special Case (POCSO) No. 155 of 2017 and consequently, to quash and set aside the Regular Criminal Case No. 2323 of 2022 pending before learned Additional Chief Judicial Magistrate, Shivajinagar, Pune.
2. The appellant is the father of the minor victim girl. The accused faced trial in the special case before the POCSO Court for the offences punishable under Sections 354A, 324 w/34, 323 r/w 34, 427 r/w 34 of the Indian Penal Code, 1860 (“IPC”, for short) and under Sections 8 and 12 of the Protection of Children from Sexual Offences Act, 2012 (“POCSO Act”, for short). The FIR came to be lodged by the complainant with Bharti Vidyapith Police Station, Pune. It is alleged that on 09/01/2017 at about 8.00 a.m., her daughter i.e. the victim had been to school. When she came back home, the victim was in a frightened condition. The victim informed that the accused had committed acts against her
The court emphasized that failure to support the prosecution does not equate to false testimony, protecting victims from unjust accusations.
The court ruled that the prosecution failed to establish foundational aspects of the alleged sexual assault, leading to the acquittal of the appellant.
The court emphasized that the guilt of the accused must be proved beyond a reasonable doubt and that DNA evidence should be evaluated in conjunction with other evidence. The court also highlighted th....
Section specifically exonerates a child from being proceeded against under S.22.
A judgment must explicitly formulate points for determination and provide a reasoned analysis of all evidence, including defense testimony. Failure to address the defense case, provide a logical narr....
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