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-daught