1 19 ALS No.4.26.odt..odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL ALS NO.4 OF 2026 State of Maharashtra .Vs. Govind Gulab Nate and ors. __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr. Vinod Thakre, APP for the appellant/State. Mr. A.C. Jaltare, Advocate for respondent Nos.1 and 6. Mr. A.R. Rawlani, Advocate for respondent Nos. 2 to 4. Ms Astha Sharma, Advocate for respondent No.5. CORAM : URMILA JOSHI PHALKE AND RAJ D. WAKODE, J.J. DATED : 06.10.2026. The State is seeking leave to prefer an appeal against acquittal as far as respondents are concerned. 2. Heard learned APP for the State, who submitted that the present respondents along with other co-accused, were facing trial for the offence of gang rape and aggravated penetrative sexual assault on the victim below 12 years of age. 3. The charge was framed against accused persons punishable under Sections 376, 376-DB and 506 of the Indian Penal Code and under Section 6 of the Protection of Children from Sexual Offences Act, 2012. 4. Learned APP invited our attention towards relevant provision i.e. 376 and 376(d) and submitted that even presence of accused is also sufficient to attract the provision as far as the gang rape is concerned. He submitted that despite all the accused persons are identified during the identification parade as well as in the Court which is a substantial evidence. Learned trial Court has ignored the said 2 19 ALS No.4.26.odt..odt evidence and acquitted the some of the accused on the similar facts and the similar evidence. He also invited our attention towards the evidence of PW-2 victim and submitted that victim has narrated the role of each of the accused but without assigning any reason, the trial Court has acquitted them. 5. He pointed out on the evidence of the victim wherein she has identified the accused persons before the Court. He submitted that the evidence of the victim is further substantiated by the other circumstantial evidence also. But this circumstantial evidence is also ignored by the trial Court. Thus, State is having a case to establish that the involvement of the present respondents were also there as far as the incident of rape is concerned and therefore, leave may be granted. 6. Learned counsel for the respondent Nos.2, 3 and 4 strongly opposed the said contention and invited our attention towards the evidence of victim and submitted that she has specifically narrated the role of four of the accused who are convicted in the case and therefore, the reason assigned by the learned trial Court are appropriate and no interference is called for. 7. Learned counsel for the respondent Nos.1 and 6 and learned counsel for the respondent No.5 also raised the objection and submitted that there is no specific role attributed to the present respondents and therefore, application for leave to file appeal deserved to rejected. 3 19 ALS No.4.26.odt..odt 8. On hearing both the sides and on perusal of the evidence of the victim it reveals that she categorically narrated about the entire incident as well as she has identified all the accused not only during the identification parade but before the Court also which is a substantial evidence. The evidence of the victim is further corroborated by the medical evidence also. We have also gone through the impugned judgment wherein as far as the evidence of victim against the acquitted accused is concerned, there is no reason assigned and we have satisfied with the submission of learned APP. 9. The definition of gang rape given under Section 376 States that where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons shall be deemed to have committed the offence of rape and shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine. Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim. Further proviso shows that any fine imposed under this section shall be paid to the victim. 10. Section 376 DB deals with Punishment for gang rape on woman under twelve years of age which states that “Where a woman under twelve years of age is raped by one or more persons constituting a group or acting in furtherance of a common intention, each of those persons 4 19 ALS No.4.26.odt..odt shall be deemed to have committed the offence of rape and shall be punished with imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and with fine, or with death: Provided that such fine shall be just and reasonable to meet the medical expenses and rehabilitation of the victim”. Thus mere presence of the person if he acting in furtherance of common intention would be sufficient to attract the said provision. 11. Considering the evidence of the victim, at this stage we are satisfied that the state is having an arguable case and therefore, we grant leave to prefer an appeal to the State. 12. In view of that, leave is granted. 13. Appeal be registered. 14. On registration of the appeal Mr. A.C. Jaltare, learned counsel waives notice for respondent Nos.1 and 6, Ms Aastha Sharma, learned counsel appointed through Legal Aid waives notice for respondent No.5 and Mr. A.R. Rawlani, learned counsel waives service of notice for respondent Nos.2 to 4. 15. Call R. & P and appeal be listed before this Court after receipt of record and proceedings [RAJ D. WAKODE, J] [URMILA JOSHI PHALKE, J.] manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 08/10/2026 13:07:17