Nitin Fakira Salve vs The State Of Maharashtra And Another

ik-18718172 Bombay High Court 14 December 2024 • CRIMINAL APPEAL NO.391 OF 2020; CRIMINAL APPEAL NO.158 OF 2022 • 36 min read

Judges (2)

Counsel (4)

Parties (3)

Case Significance

Nitin Fakira Salve vs The State Of Maharashtra And Another is a Bombay High Court decision dated December 14, 2024 (citation: ik-18718172). Two appellants convicted under Section 376-D IPC (gang rape) and Section 6 of the POCSO Act by the Special Court in Jalna appealed their conviction. The Court found the prosecution evidence was unreliable, with contradictions in the victim's testimony, unexplained delay in the FIR, absence of corroborative medical evidence (CA reports and video recording not produced), and inadequate investigation. Both appeals were allowed, the conviction was set aside, and the appellants were acquitted and The bench comprised Justices Neeraj P. Dhote and R.G. Avachat. The judgment was delivered by Justice R.G. Avachat. Counsel appearing: R.A. Jaiswal (counsel for appellant), Ranjana Reddy (counsel for respondent), S.J. Salunke (counsel for appellant), S.N. Deshmukh (counsel for respondent).

Summary

Two appellants convicted under Section 376-D IPC (gang rape) and Section 6 of the POCSO Act by the Special Court in Jalna appealed their conviction. The Court found the prosecution evidence was unreliable, with contradictions in the victim's testimony, unexplained delay in the FIR, absence of corroborative medical evidence (CA reports and video recording not produced), and inadequate investigation. Both appeals were allowed, the conviction was set aside, and the appellants were acquitted and ordered released.

What was the outcome of Nitin Fakira Salve vs The State Of Maharashtra And Another?

Two appellants convicted under Section 376-D IPC (gang rape) and Section 6 of the POCSO Act by the Special Court in Jalna appealed their conviction. The Court found the prosecution evidence was unreli...

Judgment

Read the full judgment on the official India Courts portal.

Read on Indian Kanoon

Source: Indian Kanoon (ik-18718172)