XYZ vs ASHISH MADHUKAR SURAYAWANSHI AND OTHERS Advocate - Shinde Namdev Shatrughan, ,Birajdar Yogesh G.,Shinde Namdev Shatrughan AND Birajdar Yogesh G. FOR R/1 TO 2 — APEAL/732/2025

Case under Criminal Procedure Code (Cr.pc) Section 372. Disposed: Contested--DISMISSED on 26th March 2026.

Case disposed

CNR: HCBM030401542025

e-Filing Number

29-09-2025

Filing Number

APEAL/10378/2025

Filing Date

30-Sep-2025

Registration No

APEAL/732/2025

Registration Date

01-Oct-2025

Judge

Hon'ble Shri Justice Abhay S. Waghwase

Coram

Hon'ble Shri Justice Abhay S. Waghwase

Bench Type

Division

Judicial Branch

Criminal

Decision Date

26-Mar-2026

Nature of Disposal

Contested--DISMISSED

Last updated 25-Apr-2026

Acts & Sections

Criminal Procedure Code (Cr.pc) Section 372
Indian Penal Code (I.p.c) Section 363,366,376,34
Protection of Children from Sexual Offence Act, 2012 Section 4,12

Petitioner(s)

  1. 1.XYZ

    Adv. Urgunde Suhas P.

Respondent(s)

  1. 1.ASHISH MADHUKAR SURAYAWANSHI AND OTHERS Advocate - Shinde Namdev Shatrughan, ,Birajdar Yogesh G.,Shinde Namdev Shatrughan AND Birajdar Yogesh G. FOR R/1 TO 2

  2. 2.Sukeshani Madhukar Suryawanshi

  3. 3.THE STATE OF MAHARASHTRA

Case History

  1. Case disposedDisposed

  2. 26-Mar-2026

    Hon'ble Shri Justice Abhay S. WaghwaseView PDF

    Summary The Bombay High Court (Aurangabad Bench) dismissed the appeal against the acquittal of two accused charged with kidnapping and sexual assault of a minor under IPC Sections 363, 366, 376 and POCSO Act Sections 4, 12. The court found that the prosecution failed to conclusively prove the victim was a minor (relying only on unverified transfer certificate rather than birth certificate as per Supreme Court hierarchy), and the medical evidence was inconclusive, with the medical expert unable to firmly confirm sexual assault. The victim's cross-examination also revealed inconsistencies—she admitted having ample opportunity to return home and had not previously mentioned life threats in her police statement, suggesting improvements in her testimony. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 26-Mar-2026

    Part Heard Criminal Side Matters

    Hon'ble Shri Justice Abhay S. Waghwase

  4. 23-Mar-2026

    Part Heard Criminal Side Matters

    Hon'ble Shri Justice Abhay S. Waghwase

  5. 13-Mar-2026

    Due Admission -Criminal

    Hon'ble Shri Justice Abhay S. Waghwase

  6. 12-Mar-2026

    Part Heard Criminal Side Matters

    Hon'ble Shri Justice Abhay S. Waghwase

  7. 11-Feb-2026

    Part Heard Criminal Side Matters

    Hon'ble Shri Justice Abhay S. Waghwase

  8. 23-Jan-2026

    Due Admission -Criminal

    Hon'ble Shri Justice Abhay S. Waghwase

  9. 12-Dec-2025

    Hon'ble Shri Justice Abhay S. WaghwaseView PDF

  10. 12-Dec-2025

    —

    Hon'ble Shri Justice Abhay S. Waghwase

  11. 14-Nov-2025

    Hon'ble Shri Justice Abhay S. WaghwaseView PDF

  12. 14-Nov-2025

    For Admission - Fresh - Criminal Side Matters

    Hon'ble Shri Justice Abhay S. Waghwase

  13. 03-Oct-2025

    Hon'ble Shri Justice Abhay S. WaghwaseView PDF

  14. 03-Oct-2025

    First hearing

    Initial hearing scheduled

  15. 30-Sep-2025

    Case filed

    Registration No. APEAL/732/2025

casestatus.in Summary

Summary The Bombay High Court (Aurangabad Bench) dismissed the appeal against the acquittal of two accused charged with kidnapping and sexual assault of a minor under IPC Sections 363, 366, 376 and POCSO Act Sections 4, 12. The court found that the prosecution failed to conclusively prove the victim was a minor (relying only on unverified transfer certificate rather than birth certificate as per Supreme Court hierarchy), and the medical evidence was inconclusive, with the medical expert unable to firmly confirm sexual assault. The victim's cross-examination also revealed inconsistencies—she admitted having ample opportunity to return home and had not previously mentioned life threats in her police statement, suggesting improvements in her testimony. This case analysis is maintained by casestatus.in based on publicly available court records.

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