Bombay High Court
XYZ (VICTIM)versusSTATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Allowed
Holding
The Court condoned the delay and allowed the application for condonation of delay.
Summary
The applicant, a victim under Section 2(wa) of the Criminal Procedure Code, filed an interim application seeking condonation of a 188‑day delay in filing an appeal against a Special Judge's order acquitting the accused of offences under Sections 376(2)(l), 376(3), 377, 354, 506 of the IPC and Sections 6, 10, 12 of the POCSO Act. The High Court examined whether sufficient cause existed to justify the delay. The court found the applicant’s explanation satisfactory and held that the delay could be condoned. Consequently, the application for condonation was allowed, permitting the appeal to proceed. The order was pronounced by Justices A.S. Gadkari and Kamal Khata.
Issues considered
- Whether the 188‑day delay in preferring the appeal can be condoned under the provisions of the Criminal Procedure Code
Legislation cited
- Code of Criminal Procedure, 1973 — s. 2(wa)
- Indian Penal Code, 1860 — s. 354, 376(2)(l), 376(3), 377, 506
- Protection of Children from Sexual Offences Act — s. 10, 12, 6
Subjects
- condonation of delay
- criminal appeal
- POCSO Act
- victim rights
- acquittal
Judgment
sns 14-ia-620-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.620 OF 2026
IN
APPEAL (ST) NO.3799 OF 2026
XYZ … Applicant
V/s.
State of Maharashtra & Anr. … Respondents
Dr. D.R. Sharma a/w. Adv. Rushikesh Tondwalkar for the Applicant.
Mr. Gaurav Bhawnani for Respondent No.2.
Smt. P. P. Shinde, APP for the Respondent-State.
Mr. Sandip Jarande, PSI, Santacruz Police Station, present.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 2nd September, 2026
P.C.:-
1) This is an Application for condonation of delay for 188 days in
preferring Appeal against the Judgment and Order dated 13 th August 2025,
passed by the learned Special Judge (POCSO), Mumbai, in Special Case
No.1554 of 2021, thereby acquitting the Respondent for the offences
punishable under Sections 376(2)(l), 376(3), 377, 354 and 506 of the IPC
and Sections 6, 10 and 12 of the POCSO Act.
Digitally
signed by
SUMEDH
1/2
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
2026.09.07
12:39:10
+0530
sns 14-ia-620-2026.doc
2) The Applicant is the victim as contemplated under Section
2(wa) of the Cr.P.C.
3) Perusal of Application indicates that, sufficient cause is made
out for condonation of delay.
4) In view thereof and for the reasons stated in the Application,
delay is condoned and Application is allowed in terms of prayer clause (a).
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
2/2
Checking your session…