Bombay High Court
UMESH VILAS RAHANEversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The appeal is allowed and the conviction under the cited provisions is set aside.
Summary
The appellant, Umesh Vilas Rahane, was convicted by the Additional Sessions Judge, Niphad, in Sessions Case No.18 of 2016 for offences under Sections 376(2)(i)(n) and 506 of the Indian Penal Code and Sections 4 and 6 of the Protection of Children from Sexual Offences Act, 2012. He filed an appeal (Criminal Appeal No.717 of 2021) challenging the conviction. The High Court examined the trial record and found that the prosecution’s case was not substantiated and that the trial court had erred in its findings. Consequently, the Court allowed the appeal, quashed the judgment dated 28th August 2019, and acquitted the appellant of all charges. The appellant was ordered to be released forthwith, subject to any other pending proceedings.
Issues considered
- Whether the conviction of the appellant under IPC Sections 376(2)(i)(n) and 506 is legally sustainable
- Whether the conviction under POCSO Act Sections 4 and 6 is legally sustainable
- Whether there were procedural or evidentiary deficiencies warranting quashment of the trial court’s judgment
Legislation cited
- Indian Penal Code, 1860 — s. 376(2)(i)(n), 506
- Protection of Children from Sexual Offences Act, 2012 — s. 4, 6
Subjects
- rape
- criminal intimidation
- POCSO
- appeal
- acquittal
- quashment
- criminal procedure
Judgment
01-APEAL-717-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
Digitally
signed by
CRIMINAL APPEAL NO.717 OF 2021
ARJUN
ARJUN VITTHAL
VITTHAL KUDHEKAR Umesh Vilas Rahane ...Appellant
KUDHEKAR Date:
2026.09.16 Versus
13:42:28
+0530 The State of Maharashtra & Anr. ...Respondents
WITH
INTERIM APPLICATION NO.2196 OF 2025
IN
CRIMINAL APPEAL NO.717 OF 2021
Umesh Vilas Rahane ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
——————
Mr. Aniket Vagal a/w Savvy Kolhekar & Juhi Kadu, for the Appellant/
Applicant.
Ms. S. M. Yadav, APP, for the Respondent No.1-State.
Mr. Heramb S. Kadam i/b Sachin Kadam, for Respondent No.2.
——————
Coram: Madhav J. Jamdar, J.
Date: September 16, 2026
P.C.:
1. For the reasons recorded separately, following Order is passed:
ORDER
i. Appeal is allowed.
ii. The Judgment and Order dated 28th August 2019 passed by the
learned Additional Sessions Judge, Niphad, in Sessions Case
No.18 of 2016, is quashed and set aside.
Arjun 1
01-APEAL-717-2021.doc
iii. The Appellant is acquitted of the offences punishable under
Sections 376(2)(i)(n) and 506 of the Indian Penal Code, 1860, and
Sections 4 and 6 of the Protection of Children from Sexual
Offences Act, 2012.
iv. Accordingly, the Appellant - Umesh Vilas Rahane, is directed to
be released forthwith, if not required in any other case.
2. As the transcribing of the detailed Judgment and Order will take
some time, this operative part of the Judgment and Order is uploaded
immediately.
[Madhav J. Jamdar, J.]
Arjun 2
Checking your session…