2026:BHC-AUG:1460 (THIS IS CORRECTED ORDER AS PER SPEAKING TO MINUTES ORDER DATED 13^th JANUARY, 2026)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPEAL NO. 922 OF 2025 WITH CRIMINAL APPLICATION NO. 3359 OF 2025 Chand Maheboob Sayyed Age: 57 years, Occupation: Labourer, Resident of : Manewadi, Taluka Tuljapur, District Osmanabad ..APPELLANT VERSUS

1. State of Maharashtra Through the Naldurg police Station, District Osmanabad.

2. XYZ ..RESPONDENTS ....

Mr. Mukul Kulkarni, Advocate for appellant (appointed)

Ms. A.S. Deshmukh, A.P.P. for respondent no.1 – State Ms. Smita Chole, Advocate for respondent no.2 (appointed)

....

CORAM : RAJNISH R. VYAS, J. DATE : 07^th JANUARY, 2026 ORAL JUDGMENT :

. At the outset, a word of appreciation is required to be noted for the able assistance rendered by Mr. Mukul Kulkarni, who is appointed counsel for the appellant, since without seeking any adjournment he has argued the matter at length and has vehemently contended that the appeal needs to be allowed. He has brought to the notice of this Court the grounds, which according to him are sufficient to seek acquittal of the appellant. The able assistance is also rendered by Ms. Smita Chole, who is appointed and appearing to represent Respondent No.2 – victim. Learned A.P.P. Ms. Deshmukh has also vehemently opposed the prayer made by the appellant. With the able assistance of all these counsel, I have gone through the record of the case.

2. The brief facts of prosecution case are as under : -

Prosecutrix has lodged F.I.R. of incident. According to her, accused is her step-father. Her mother married with accused 10 years back. They have also a son. Accused was yearly agricultural labour in the land of Bhosale. She was staying withthem in the land of Bhosale at village Shahapur. She was studying in 12th standard in the College at Naldurg.

3. On 10.01.2022 at about 11.00 a.m. accused went for agricultural work. Her mother went in the village Shahapur to purchase the grocery articles. She was alone in the house. Accused came in the house with Axe. He threatened her to remove the clothes, otherwise he would cause her death. He has removed her clothes and committed rape on her against her will. He also threatened not to disclose the incidence anybody, otherwise he would cause the death of her mother. Then, he left the house and went for providing water to sugarcane. Her mother returned back at about 1.00 p.m. But prosecutrix did not disclose the incidence to mother, due to fear. Thereafter, at about 2.30 p.m. prosecutrix alongwith her mother and younger brother went at village Jewali for the function to see the bridegroom and stayed there. Then, on 11.01.2022 at about 4.00 p.m. she was suffering pains and sat alone. Her mother inquired about her silence. Then, she disclosed incidence of rape committed by accused on her. Thereafter, on 12.01.2022, prosecutrix alongwith her mother and maternal aunt etc went in the Naldurg police station and lodged the F.I.R. against the accused for the offence of rape.

4. On the basis of the information supplied to the non-applicant - Police Station, Naldurg, Crime No. 16 of 2024 dated 13^th January, 2022 was registered with Naldurg Police Station, Dist. Osmanabad for commission of offence punishable under Sections 376(2)(f) and 506 of the Indian Penal Code (for short, ‘I.P.C.’). The date of occurrence of crime mentioned in the F.I.R. is 10^th January, 2022. The victim of sexual act is a daughter, whereas the accused/appellant is her stepfather. After completion of investigation final report was filed and learned Sessions Court has framed the charge below Exhibit 10. As accused did not plead guilty, the guilt was tried to be proved by examining total 8 witnesses. After weighting testimony of the witnesses, Additional Sessions Judge, Dharashiv (Osmanabad) in Sessions Case No. 51 of 2022 convicted the appellant for commission of offence punishable under Section 376(2)(f) and 506 of I.P.C. and directed to suffer