1 40-ALS-1-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ALS) NO. 01/2026 IN CRIMINAL APPEAL STAMP NO. 3726/2023 The State of Maharashtra through Police Station Officer, Police Station Ghuggus Vs. Ajay s/o Ravindra Raut Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.S. Hulke, APP for applicant Mr. A.M. Chandekar, Adv. for respondent CORAM: URMILA JOSHI PHALKE AND NIVEDITA P. MEHTA, JJ. DATED : 12.06.2026 1. By this application, the applicant – appellant / State is seeking leave to prefer an appeal. 2. Heard learned APP, who submitted that the learned Special Judge, Special Court, Chandrapur, in Special (POCSO) Case No. 82/2021, resisted under Sections 376(1) and 376(2) of the Indian Penal Code and Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, acquitted the respondent and being aggrieved with the same, the present appeal is preferred. He submitted that on 13.05.2021, the victim has lodged report alleging that on 08.09.2019, when she had been to market for purchasing vegetables, the respondent gave her chit, thereafter called her at isolated place and subjected her forceful sexual assault. Thereafter, she was subjected for forceful sexual assault on various 2 40-ALS-1-2026.odt occasions, which resulted into her pregnancy. When the report was lodged she was five months pregnant. He submitted that at the time of incident, she was aged about 14 years, therefore, her consent is not relevant. He submitted that the minor girl was subjected to forceful sexual assault by the present respondent. The evidence of the victim was adduced by the prosecution wherein she has narrated the incident in detail. Thus the offence under Section 6 of the POCSO Act is established. Admittedly, consent of the victim was not relevant. Considering the defence of the accused that there was love affair between her and the accused. However, the learned trial Court has ignored the said fact and acquitted the respondent. The State is having every chance of success in the present appeal. In view of that leave be granted. 3. The learned counsel for the respondent strongly opposed the said contentions and submitted that the evidence of the victim itself shows that she herself joined the company of the accused, there was love affair between her and accused and she was on the verge of attaining the age of majority and, therefore, the learned trial Court has rightly considered that out of love affair there was physical relationship and no interference is called for and therefore, application deserves to be rejected. 4. After hearing both the sides and after going through the evidence of the victim, it reveals that the birth date of the victim 29.04.2006. She was promised by the present accused – respondent and on the said promise she acted and went to the met the accused 3 40-ALS-1-2026.odt whereas the accused was of a mature age, there was a physical relationship between them. Considering the age of the victim, who was a very tender age, her evidence is also supported to the prosecution case. The trial Court has considered the aspect of love affair of accused and the victim, however, considering the fact that consent of the victim is not relevant. At this stage, the State has made out a case to grant leave to prefer an appeal. In view of that the application is allowed. Leave is granted considering the State has arguable points in the present appeal. Criminal Appeal Stamp No. 3726/2023 1. Appeal be registered. On registration of appeal, learned counsel for the respondent waives notice. 2. Call R & P. 3. Appeal be listed before this Court after receipt of R & P. for final disposal as per its own term. (NIVEDITA P. MEHTA, J.) (URMILA JOSHI PHALKE, J.) MP Deshpande