Ganesh Vitthal Shedmake vs State Of Maharashtra, Thr. Pso, Police ...
Judges (1)
Counsel (3)
Case Significance
Ganesh Vitthal Shedmake vs State Of Maharashtra, Thr. Pso, Police ... is a Bombay High Court decision dated November 11, 2024 (citation: ik-20877917). The appellant challenged his conviction under Section 376(2)(n) IPC and Sections 4 and 6 POCSO Act (20 years RI) for sexual assault on a minor. The Court found the prosecution miserably failed to prove the charge — the victim's age was not conclusively established as being under 18 (she was found to be 15 years 2 months based on ossification test but this was contested), witness testimonies were contradictory, and the identity of the accused was not firmly established. The appeal was allowed, The case was heard by Justice G.A. Sanap. Counsel appearing: Parita Lakhani (counsel for appellant), Seema P. Dhotre (counsel for respondent), Sonia Thakur (counsel for respondent).
Summary
The appellant challenged his conviction under Section 376(2)(n) IPC and Sections 4 and 6 POCSO Act (20 years RI) for sexual assault on a minor. The Court found the prosecution miserably failed to prove the charge — the victim's age was not conclusively established as being under 18 (she was found to be 15 years 2 months based on ossification test but this was contested), witness testimonies were contradictory, and the identity of the accused was not firmly established. The appeal was allowed, conviction quashed, and the appellant was acquitted and ordered released.
What was the outcome of Ganesh Vitthal Shedmake vs State Of Maharashtra, Thr. Pso, Police ...?
The appellant challenged his conviction under Section 376(2)(n) IPC and Sections 4 and 6 POCSO Act (20 years RI) for sexual assault on a minor. The Court found the prosecution miserably failed to prov...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (ik-20877917)