1 The contest is between the appellants and the builder.
The owner is also impacted by any decision which will be taken.
Counsel for the owner and the builder seek a pass over.
2 Counsel for the appellants state that he may not be
available at the second round.
3 Re-notify for 15th October 2019.

SMT. BHARATI DANGRE, J CHIEF JUSTICE

Tilak

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V/S
Vaibhav Uttam Jadhav And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 763 OF 2019

Gourishankar Educational And Charitable Trust ….Applicant
And Anr.

V/S
Manisha Balkrushna Dhumal And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 764 OF 2019

Gourishankar Educational And Charitable Trust ….Applicant
And Anr.

V/S
Vaibhav Uttam Jadhav And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 765 OF 2019

Gourishankar Educational And Charitable Trust

Page 4/32

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And Anr.

(a) The PW1/victim female child, at the relevant time, was

below 12 years of age. She was taking education in 6 th

Standard at the Municipal school at Mumbai and was

residing along with her parents and other relatives including

First Informant/PW2 Manda. The appellant/accused was

having a shop in the locality and he was doing the work of

ironing the clothes from that shop and the PW1/victim

female child used to visit the shop of the appellant/accused

for delivering clothes for ironing.

(b) The incident in question, allegedly, took place on 7 th July

2014. On that day, after returning from school, the

PW1/victim female child had been to house of her friend

avk 3/21

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421-APPEAL-339-2018-APPA-1768-2018.doc

Radha. While she was returning to her own house, the

appellant/accused caller her inside his shop. He then put

down the shutter of his shop and asked her to remove her

knicker. When the PW1/victim female child refused, the

appellant/accused pulled down her pant and knicker and

committed penetrative sexual assault on her.

V/S
Vaibhav Uttam Jadhav And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 763 OF 2019

Gourishankar Educational And Charitable Trust ….Applicant
And Anr.

V/S
Manisha Balkrushna Dhumal And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 764 OF 2019

Gourishankar Educational And Charitable Trust ….Applicant
And Anr.

V/S
Vaibhav Uttam Jadhav And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 765 OF 2019

Gourishankar Educational And Charitable Trust

Page 4/32

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And Anr.

V/S
Vaibhav Uttam Jadhav And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 763 OF 2019

Gourishankar Educational And Charitable Trust ….Applicant
And Anr.

V/S
Manisha Balkrushna Dhumal And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 764 OF 2019

Gourishankar Educational And Charitable Trust ….Applicant
And Anr.

V/S
Vaibhav Uttam Jadhav And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 765 OF 2019

Gourishankar Educational And Charitable Trust

Page 4/32

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And Anr.

V/S
Vaibhav Uttam Jadhav And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 763 OF 2019

Gourishankar Educational And Charitable Trust ….Applicant
And Anr.

V/S
Manisha Balkrushna Dhumal And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 764 OF 2019

Gourishankar Educational And Charitable Trust ….Applicant
And Anr.

V/S
Vaibhav Uttam Jadhav And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 765 OF 2019

Gourishankar Educational And Charitable Trust

Page 4/32

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And Anr.

V/S
Vaibhav Uttam Jadhav And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 763 OF 2019

Gourishankar Educational And Charitable Trust ….Applicant
And Anr.

V/S
Manisha Balkrushna Dhumal And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 764 OF 2019

Gourishankar Educational And Charitable Trust ….Applicant
And Anr.

V/S
Vaibhav Uttam Jadhav And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 765 OF 2019

Gourishankar Educational And Charitable Trust

Page 4/32

::: Uploaded on – 16/09/2019 ::: Downloaded on – 17/09/2019 02:24:55 :::
And Anr.

V/S
Vaibhav Uttam Jadhav And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 763 OF 2019

Gourishankar Educational And Charitable Trust ….Applicant
And Anr.

V/S
Manisha Balkrushna Dhumal And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 764 OF 2019

Gourishankar Educational And Charitable Trust ….Applicant
And Anr.

V/S
Vaibhav Uttam Jadhav And Anr. ….Respondent

WITH
CRIMINAL APPLN. U/S 482 NO. 765 OF 2019

Gourishankar Educational And Charitable Trust

Page 4/32

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And Anr.

1. Dr. Ashok Anand, Professor & Head, Dept. of
Obstetrics and Gynecology, Grant Government
Medical College and Sir J.J. Group of Hospitals,
Mumbai.

2. Dr. V.P. Kale, Professor & Head, Dept. of Psychiatry,
Grant Govt. Medical College & Sir J.J. Group of
Hospitals, Mumbai.

3. Dr. Shilpa Domkundwar, Professor and Head, Dept. of
Radiology, Sir J.J. Group of Hospitals, Mumbai.

1. Dr. Ashok Anand, Professor & Head, Dept. of
Obstetrics and Gynecology, Grant Government
Medical College and Sir J.J. Group of Hospitals,
Mumbai.

2. Dr. V.P. Kale, Professor & Head, Dept. of Psychiatry,
Grant Govt. Medical College & Sir J.J. Group of
Hospitals, Mumbai.

3. Dr. Varsha Rathi, Professor, Dept. of Radiology, Sir J.J.