13 APPA-195-2025 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION (APPA) NO.195 OF 2025 IN CRIMINAL APPEAL (ST) NO.1409 OF 2025 [State of Maharashtra, through P.S.O., P.S. Ramnagar, Chandrapur ..Vs.. Bhimrao Laxman Gongle] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Shri. S. S. Hulke, Addl. P. P. for Applicant/State. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATE : 24 th AUGUST, 2026 . 1. By this application, the applicant - State is seeking leave to prefer an appeal. By this application, the applicant - State has challenged the judgment and order of acquittal passed in (POCSO) Special Case No.61 of 2021, by which the respondent is acquitted on 23.10.2024. 2. Heard learned Additional Public Prosecutor, who submitted that, as per the prosecution case, on 25.03.2021, the informant lodged a report against the accused as the accused has subjected a minor girl of 3 years old for forceful sexual assault. On the basis of the said complaint, Crime No.313 of 2021 has been registered against the accused for the offences punishable under Sections 376-AB and 506 of the Indian Penal Code and under Section 4 of the Protection of Children from Sexual Offences Act, 2012. He submitted that, during the investigation, the prosecution examined as many as 9 witnesses, including the expert witness, i.e. the Forensic Analyzer, who specifically stated that, upon examination of the clothes of the victim, semen stains were found thereon. Thereafter, the Trial Court also disbelieved the prosecution evidence and acquitted the accused. He submitted that the evidence of the victim was corroborated by the scientific evidence, which was not considered by the Trial Court. The Trial Court has only brushed aside the fact that there was no medical evidence showing any injury to her 2026:BHC-NAG:11110-DB 13 APPA-195-2025 2 genitals. He submitted that, being a small girl, the absence of injuries is not a sine qua non for attracting the offence punishable under Section 376 of the IPC or under Section 4 of the POCSO Act. Despite the material evidence is adduced by the prosecution, the Trial Court has acquitted the accused, and therefore, the leave be granted to the prosecution to prefer an Appeal. 3. Despite service of notice and bailable warrant, the respondent remained absent. 4. We have perused the impugned judgment and order as well as the evidence recorded before the Trial Court. The allegation levelled against the present respondent shows that the informant resides along with her husband and three children. At the time of the incident, the victim was three years old and was the youngest daughter of the informant. On 25.03.2021, at about 04:00 p.m., the informant, her elder daughter aged about 12 years, and the victim were watching T.V. At that time, their neighbour came to the house, and the victim went outside the house. Thereafter, the victim returned home, and while communicating with the victim, she disclosed that it was the accused who had taken her away and subjected her to forceful sexual assault. On the basis of the said report, the Police have registered the crime against the present accused, and during the course of the trial, the prosecution examined the informant as well as the victim. The victim has categorically narrated the incident. Admittedly, no injuries were found on the person of the victim. However, the scientific evidence shows that the clothes of the victim were forwarded for analysis, and PW-9, the Analyzer, specifically stated that semen stains were found on the undergarments of the victim. At this stage, sufficient material is already shown by the learned Addl. P.P. to say that the State is having an arguable case for consideration of this aspect. Therefore, the application for leave to file an Appeal deserves to be allowed. Accordingly, we proceed to pass the following order: 13 APPA-195-2025 3 O R D E R i) The prayer for leave to file an Appeal is hereby allowed. ii) The Appeal be registered. R and P be called and Appeal be listed for admission. iii) The notice and bailable warrant were served upon the respondent; however, he remained absent. Accordingly, issue a non-bailable warrant against the respondent. iv) The Police Station Officer, Police Station Ramnagar, shall ensure service of the non-bailable warrant upon the respondent. 5. There is no compliance with Section 390 of the Cr.P.C. (Section 431 of the BNSS). 6) Stand over to 21.9.2026. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) TAMBE. Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 25/08/2026 19:03:54