XYZ Vs. ARUN SHANKAR KHUTALE

JUDGEMENT

(1.) The Appellant (the mother of the victim, who is a minor girl) is aggrieved by the judgment of acquittal pronounced by the Special Judge under the Protection of Children from Sexual Offences Act, 2012 ("POCSO Act", hereinafter) Greater Mumbai, on 27/8/2021. She intends to challenge the said judgment. The offences are under Sec. 354 of the Indian Penal Code, 1860 ("IPC, for short") and under Ss. 8 and 12 of the POCSO Act. The case is registered as POCSO CASE NO. 712 of 2018.

(2.) This is a case instituted on a police report. The Appellant has sought for leave to prefer an Appeal. The First-Informant being the mother of the victim has also to be treated as a victim. With consent, I have heard learned Advocate Shri Bardeskar for the Appellant and learned Advocate Ms. Anjali Patil for Respondent No.1/Accused and learned APP. The Appeal is taken up for final hearing at an admission stage. Leave granted. Admit the appeal, copies of evidence is already on record.

(3.) It is an admitted fact that at the time of giving of evidence, the victim was not available as she died on 12/5/2019. There are two witnesses examined on behalf of the prosecution. They are:-