Bombay High Court

ARUN YASHWANT MEDHE ALIAS DOCTOR BABAversusTHE STATE OF MAHARASHTRA AND ANOTHER

Disposal: APPLICATION ALLOWED
Bench: RAJNISH R VYAS

Holding

The Court condoned the 139‑day delay and allowed the appeal to proceed.

Summary

Arun Yashwant Medhe alias Doctor Baba was convicted under IPC sections 376(2)(J) and 376(3) and under the Protection of Children from Sexual Offences Act for offences involving sexual assault, and was sentenced to twenty years' imprisonment. He filed a criminal appeal challenging the conviction and sentence, but the appeal was lodged 139 days after the conviction. The appellant contended that his poverty prevented him from filing the appeal earlier. The Court examined the record and considered the appellant’s financial circumstances. It held that the delay of 139 days could be condoned in view of the appellant’s poverty. Consequently, the Court allowed the appeal to proceed by condoning the delay.

Issues considered

Whether a delay of 139 days in filing a criminal appeal against conviction can be condoned on the ground of the appellant's poverty.

Legislation cited

Indian Penal Code, 1860 — s. 376(2)(J), 376(3)
Protection of Children from Sexual Offences Act — s. 11(ii), 12, 3, 4, 5(1), 5(m), 6

Subjects

criminal appeal
delay condonation
conviction
IPC 376
POCSO Act
sentence
poverty
procedural law

Judgment

2026:BHC-AUG:1672


                                                 1                    907.odt


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD


                           CRIMINAL APPLICATION NO. 4385 OF 2025
                                            IN
                          CRIMINAL APPEAL STAMP NO. 12170 OF 2025


                         ARUN YASHWANT MEDHE ALIAS DOCTOR BABA
                                          VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER

                                                  …
                          Advocate for Appellant : Ms. Vijaya N. Bharkad
                                    h/f. Ms. Manjushri Narwade
                           APP for Respondent No. 1 : Mr. V.K. Kotecha
                      Advocate for Respondent No. 2 : Ms. Pratiksha S. Magre
                                         h/f. Mr. S.G. Magre
                                                  …

                                                     CORAM : RAJNISH R. VYAS, J.

                                                     DATE   : 17TH JANUARY, 2026

              PER COURT :

              1.          Heard learned counsel for the applicant / original accused.

              2.          According to her, there is a delay of 139 days in filing

              Criminal Appeal challenging conviction under Section 376 (2) (J), 376

              (3) of the Indian Penal Code, as well as under Section 3 read with 4 Sec.

              5 (1) and (m) read with 6 Section 11 (ii) read with Section 12 of the of

              Protection of Children from Sexual Offences Act, in which sentence of

              twenty years is imposed.

              3.          I have gone through the record of case.
                                   2                    907.odt


4.          Considering the fact that this is appeal against conviction

and accused is directed to suffer imprisonment for twenty years, for the

reasons advanced by the applicant that applicant is poor person and

therefore, could not prefer an appeal, delay of 139 days is condoned.




                                               ( RAJNISH R. VYAS, J. )



SPC

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