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High Court of Judicature at Bombay Hears State's Appeal Against Acquittal of Seven Respondents in SC/ST Act and IPC Offences. Trial Court Acquitted All Accused in Sessions Case No. 83/2004; State Challenges Finding Based on Evidence of 13 Witnesses.

High Court: Bombay High Court Bench: BOMBAY
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2026-08-21 23:01:10
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Issue of Consideration

Criminal Appeal No.1574 of 2004

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Case Details

2025 LawText (BOM) (06) 63

Criminal Appeal No.1574 of 2004

2025-06-27

S.M. Modak

2025:BHC-AS:26914

Ms. R.S. Tendulkar, APP for the State

State of Maharashtra

Janardhan Ladku Bhoir, Shridhar Ladku Bhoir, Bharat Ladku Bhoir, Sudham Namdeo Patil, Bharat Namdeo Patil, Vijay Maruti Bhoir, Rakesh Makhniddin Yadav

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Nature of Litigation

Criminal appeal against judgment of acquittal

Remedy Sought

The State of Maharashtra seeks to set aside the acquittal and convict the respondents.

Filing Reason

The trial court acquitted all accused; the State believes the acquittal is erroneous.

Previous Decisions

The Court of First Ad hoc Additional District and Sessions Judge, Thane in Sessions Case No.83/2004 acquitted all accused persons.

Judgment Excerpts

The Appeal is against judgment of acquittal by the Court of First Ad hoc Additional District and Sessions Judge, Thane in Sessions Case No.83/2004. The offences are under Section 3(1)(x) of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act and under Section 147, 323,325 read with Section 149 of Indian Penal Code. After trial all were acquitted. She has taken me through the evidence of 13 witnesses and the impugned judgment. It had resulted into moving a ‘No Confidence’ resolution which was passed.

Procedural History

The incident occurred on 30th June 2001 at about 12:30 PM. The first informant Nitin Pandurang Gaikwad lodged a complaint at Bhiwandi Taluka Police Station. An offence was registered under SC/ST Act and IPC. The case was committed to Sessions Court, Thane, numbered as Sessions Case No.83/2004. The Additional Sessions Judge acquitted all accused after trial. The State of Maharashtra filed Criminal Appeal No.1574 of 2004 before the High Court. The appeal was admitted on 9th January 2006 and heard on 27th June 2025.

Acts & Sections

  • Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: 3(1)(x)
  • Indian Penal Code, 1860: 147, 323, 325, 149
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Tags :
SC and ST Act Section 3(1)(x) IPC 147 323 325 149 Gram Panchayat Sarpanch No Confidence Resolution Acquittal Criminal Appeal

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