2025:BHC-AUG:29108-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 167 OF 2020 Balaji S/o. Malhari Devkate, Age 43 years, Occ. Nil.

R/o. Phulenagar, Himayatnagar, Tq. Himayatnagar, Dist. Nanded.

.. APPELLANT VERSUS

1. The State of Maharashtra

2. XYZ.

.. RESPONDENTS.

Mr. Santosh K. Bhosale, Advocate for the appellant, Mr. N.S. Tekale, APP for respondent No.1.

Ms. Naseembanu I. Deshmukh (appointed)

CORAM : SANDIPKUMAR C. MORE AND MEHROZ K. PATHAN, JJ.

RESERVED ON : 9TH SEPTEMBER, 2025.

PRONOUNCED ON : 13TH OCTOBER, 2025. JUDGMENT [ PER MEHROZ K. PATHAN, J] :-

1. Present appeal is filed by the appellant, thereby challenging the judgment dated 14.1.2020, passed by Additional Sessions Judge, Bhokar, District Nanded, whereby, appellant has been convicted for the offence punishable under Section 376(2)(i) of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012.

2. The case of the prosecution is that, complainant PW 4 “A” aged 50 years, is the grandmother of the victim and that she was residing with her husband, two daughters, 3 sons, one daughter in law and two grand-daughters out of which one of the grand-daughters is the victim , aged 8 years.

3. That, on 16.3.2019, at about 5.00 p.m., her two grand- daughters i.e. victim “X” and another grand-daughter were playing in an auto-rickshaw in front of the house. After some time, when she came to the courtyard of the house after cooking, she could not see the granddaughters, who were playing there earlier. The son in law of the complainant and the complainant “A” took search of the victim “X” and another grand-daughter . However, they could not find them. After taking search for some time, when they were returning to their home they could see the victim “X”, and another grand-daughter and another minor girl “Y” coming to the house. When she asked the victim and other grand daughter as to where they had been, at that time, victim “X” started crying. There were remains of grass in her hair and on the back. Victim “X” narrated her about the criminal act of the present appellant, whom she referred as “Balumama” . That , another neighbouring girl “Y” had taken victim “X” to the ditch, where Balumama was waiting. While they were going to the ditch, one person was passing near the ditch who asked the appellant ( Balumama), as to why he was present there alongwith little girls. Accused told him that he came to answer the nature’s call and the girls were following him. When the victim “X” and her sister tried to run away from the spot, at that time, appellant – Balumama caught hold of the victim from her backside, removed her Salwar and committed illegal act of intercourse upon the victim. Balumama inserted his private part into the private part of the victim due to which there was pain. The victim was crying and her sister was shouting to leave the victim. After some time, accused – Balumama left the victim “X” and thereafter the victim and her sister were returning to her house. At that time, the victim found some sticky liquid appearing on the Salwar, which she referred to as, like “Shembud”. The victim further narrated that she was suffering pain in her private part and was finding it difficult to discharge the urine.

The complainant then lodged the report against the present appellant/accused for committing rape on the minor victim girl “X”.

4. The Police Station Officer registered FIR under Section 376(A) and (B) of IPC and Sections 4 and 6 of the POCSO Act. After completing investigation, the charge sheet was filed and the learned Sessions Judge framed charge. The prosecution in all examined 9 witnesses to bring home the guilt of the accused having committed rape on the minor girl “X” and has also relied upon various documents in support of the prosecution case. The statement of accused under Section 313 was recorded. The defence of the accused was that of total denial and false implication.

5. The learned Sessions J