BALU @ RAJENDRA BHIMSHA GAIKWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Criminal Appeal is allowed.

(2.) The judgment and order of conviction and sentence, dtd. 18/2/2017, passed by learned Special Judge and Additional Sessions Judge, Omerga, District Osmanabad in Special (POCSO) Case No.05/2014 is set aside. The appellant is acquitted of the offences punishable under Ss. 3633, 36363 and 3763 of the Indian Penal Code read with Sec. 4 of the Protection of Children from Sexual Offences Act, 2012. The appellant be set at liberty forthwith if not required in any other case. Fine amount, if paid, be returned to him.

(3.) Registrar (Judicial) is requested to ensure immediate release of the appellant from jail.