Bombay High Court

SAGAR S/O RAMDAS SAPKALversusTHE STATE OF MAHARASHTRA THR POLICE STATION M.I.D.C WALUJ

Disposal: DISPOSED OFF

Holding

The application is allowed in part; the FIR and charge‑sheet are quashed for offences under IPC s.366A and POCSO Act s.12, but the charge under IPC s.363 stands.

Summary

The applicant filed a criminal application under Section 482 of the CrPC seeking quashment of FIR No. 639/2023 and the charge‑sheet filed in Special Case No. 390/2023, which alleged offences of kidnapping (IPC s.363), kidnapping for ransom (IPC s.366A) and sexual assault of a minor (POCSO Act s.12). The applicant argued that the victim’s and her father’s statements were inconsistent and that there was no material to sustain the latter two offences. The respondents contended that the victim’s statement alone was sufficient to proceed. The Court held that while the victim’s statement established a prima facie case of kidnapping under s.363, there was no material to support the charges of kidnapping for ransom or the POCSO offence, especially as the victim refused a medical examination. Consequently, the Court allowed the application in part, quashing the FIR and charge‑sheet only with respect to IPC s.366A and POCSO s.12, leaving the s.363 charge to be tried by the trial court.

Issues considered

The applicability of Section 482 CrPC to quash the FIR and charge‑sheet for offences under IPC s.363, s.366A and POCSO Act s.12.
Whether the material on record, including the victim’s and father’s statements, is sufficient to sustain the charges of kidnapping for ransom and sexual assault of a minor.
Whether the High Court may examine contradictions in witness statements at the pre‑trial stage.

Legislation cited

Code of Criminal Procedure — s. 482
Indian Penal Code, 1860 — s. 363, 366A
Protection of Children from Sexual Offences Act — s. 12

Subjects

kidnapping
kidnapping for ransom
child sexual abuse
POCSO Act
Section 482 CrPC
quash of FIR
evidentiary insufficiency
pre‑trial jurisdiction

Judgment

2026:BHC-AUG:42092-DB
925-APPLN-97-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

925 CRIMINAL APPLICATION NO. 97 OF 2024

Sagar S/o Ramdas Sapkal
Versus
The State Of Maharashtra Thr
Police Station M.i.d.c Waluj & Anr

Mr. B. S. Doifode, Advocate for Applicant
Mr. S. B. Jadhav, APP for Respondent No. 1
Mr. A. D. Raut, Advocate for Respondent No. 2

CORAM :R.M. JOSHI, J
DATE :SEPTEMBER 11, 2026

P. C. :

1. This Application, under Section 482 of the Code of Criminal

Procedure, seeks quashment of the FIR No. 639/2023 registered with MIDC

Waluj Police Station, District Aurangabad for the offences punishable under

Sections 363, 366(A) of the Indian Penal Code and Section 12 of the

Protection of Children from Sexual Offences Act (for short ‘POCSO Act’) and

subsequent charge-sheet dated 25.09.2023 filed in Special Case No.

390/2023.

2. In short, it is the case of the prosecution that on 29.07.2023

report came to be lodged with concerned police station since the minor

daughter of the informant was not found at home. On the next day, girl

came back. From her statement, it was revealed that present Applicant

kidnapped her. On the basis of said statement recorded before the police,

Page 1 of 5
925-APPLN-97-2024.odt

offence came to be registered against present Applicant. On conclusion of

investigation, charge-sheet has been filed.

3. Learned APP informs the Court that charge has already been

framed against present Applicant on 25.02.2025.

4. Learned Counsel for the Applicant submits that the material

collected during the course of investigation does not support the allegations

against present Applicant of committing offence under Sections 363, 366(A)

of the Indian Penal Code and Section 12 of the POCSO Act. He drew

attention of the Court to the statement of victim recorded before the

Magistrate so also statement of her father. According to him, there are

inconsistencies in the statement of these two witnesses and which he claims

that it becomes a ground for allowing the application. To support this

submissions, he placed reliance on the judgment of Calcutta High Court in

case of Panchananda Jana vs. The State of West Bengal and Ors,

MANU/WB/1817/2025. He referred to the observations made therein, more

particularly, paragraph 29.

5. Learned APP and learned Counsel for Respondent No.

2/Informant opposed application. It is their contention that it is not open for

this Court to appreciate evidence at this stage. According to them, statement

of victim girl is sufficient to attract offences charged against Applicant.

Page 2 of 5
925-APPLN-97-2024.odt

6. The position of law with regard to exercise of extraordinary

jurisdiction under Section 482 of the Code of Criminal Procedure is fairly

settled to say that only if the material on record is accepted to be correct, no

offence is made out or that in certain cases if there are offences is registered

with mala fide intention, by following the principles laid down in case of

State of Haryana v. Bhajan Lal, with the citation 1992 Supp (1) SCC 335 ,

the qushment of criminal proceedings is permissible. It is however not open

for this Court to consider the contradictions in the statement of witnesses

and to decide any issue, it is supposed to be decided during the course of

trial.

7. Prima facie perusal of the record shows that the statement of

victim is sufficient to indicate that she is minor and she was incited/induced

and was kidnapped from the lawful custody of her parents. Thus, it cannot

be said that there is no material on record in order to proceed with the trial

against Applicant as far as offence under Section 363 of the Indian Penal

Code is concerned.

8. Coming to other offences i.e. 366(A) of Indian Penal Code and

Section 12 of the POCSO Act is concerned, admittedly, victim has refused to

undergo medical examination. Moreover, from her own statement it does

not appear that she was subjected to sexual harassment as contemplated by

Page 3 of 5
925-APPLN-97-2024.odt

Section 11 of the POCSO Act. Apart from this, there is absolutely no

material in order to hold that the minor girl was procured for the purpose of

forcing her to have illicit intercourse with any other person.

9. Having regard to the aforestated facts, for want of any evidence

collected during the course of investigation, offences punishable under

Section 366(A) of Indian Penal Code and Section 12 of the POCSO Act are

not attracted in the instant case.

10. The above discussion indicates that the Application deserves to

be allowed partly. Hence, Criminal Application is allowed partly. FIR No.

639/2023 registered with MIDC Waluj Police Station, District Aurangabad

and subsequent charge-sheet dated 25.09.2023 filed in Special Case No.

390/2023 is quashed and set aside against Applicant only for offences

punishable under Sections 366(A) of the Indian Penal Code and Section 12

of the Protection of Children from Sexual Offences Act.

11. It is open for the trial Court to try Applicant for offence

punishable under Section 363 of the Indian Penal Code.

12. The above observations are made only for the decision of

present Application and trial Court is not bound by the same.

Page 4 of 5
925-APPLN-97-2024.odt

13. Fees of appointed Counsel for Respondent No. 2 is quantified @

Rs.10,000/- to be paid by High Court Legal Services Sub-Committee,

Aurangabad.

(R. M. JOSHI, J.)
Malani

Page 5 of 5

Continue reading with your account

Checking your session…