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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

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.)




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