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2026 DAILYLAW 10450 (BOM)

RAJESH PANDURANG PALANDE v. THE STATE OF MAHARASHTRA and ANR.

IA/3370/2026 · 2026-09-22

Criminal Appealbody2026

Judgment text

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501--47-apeal-527-02@ia-3370-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.527 OF 2002 Dr. Rajesh P. Palande …Appellant V/s. The State of Maharashtra & Anr. ...Respondents. WITH INTERIM APPLICATION NO.3370 OF 2026 ………….. Ms Aruna Pai for The Appellant/Applicant. Mr. Mayur Sonavane, APP for the Respondent/State. Adv. Grishma Karane for Respondent No.2. ………….. CORAM : N.R. BORKAR, J. DATE : 22.09.2026. P.C. : 1. This appeal is filed against the judgment and order dated 30.04.2002 passed by the Additional Sessions Judge, Thane in Sessions Case No. 519 of 2001. 2. In the aforesaid sessions case, the appellant was tried for the offence punishable under Section 376(d) and 417 of the Indian Penal Code (for short ‘IPC’) 3. By the impugned judgment and order, the learned Additional Sessions Judge has convicted the appellant for the offence punishable under Section 417 of the IPC and sentenced him to suffer R.I. for one year and directed the appellant to pay compensation of Rs.1,00,000/- to the respondent No.2/victim. The Dinesh S. Sherla 1/3 501--47-apeal-527-02@ia-3370-26.odt trial Court has however, acquitted the appellant for the offence punishable under Section 376(d) of the IPC. 4. By the Interim Application under Section 320 of the Code of Criminal Procedure, 1973 (Cr.P.C.) leave of this Court is sought by the appellant and respondent No.2/victim to compound the offence. 5. Learned counsel for the appellant submits that in terms of the impugned judgment and order, the appellant has paid the amount of Rs.1,00,000/- to the respondent No.2/victim towards compensation. It is submitted that in view of the amicable settlement, she is allowed to retain the said amount. The learned counsel for respondent No.2 does not dispute the said fact. 6. Respondent No.2 has filed a Consent Affidavit for compounding of offence, which is annexed as Exhibit-A to the Interim Application. Respondent No.2, who is present in the Court, confirms the contents of Consent Affidavit. 7. Considering overall facts and circumstances, the appellant and respondent No.2/victim are permitted to compound the offence. In the result, the following order is passed. O R D E R a] The impugned judgment and order dated 30.04.2002 Dinesh S. Sherla 2/3 501--47-apeal-527-02@ia-3370-26.odt passed by the Additional Sessions Judge, Thane in Sessions Case No. 519 of 2001 to the extent of convicting the appellant for the offence punishable under Section 417 of the IPC is hereby set aside and the appellant is acquitted of the said offence. 8. The Appeal and Interim Application are disposed of in the aforesaid terms. [N.R.BORKAR, J.] Dinesh S. Sherla 3/3