Friday 30 December 2022

Bombay HC: Child Born Out Of POCSO Crime A "Victim" As Defined Under Section 2(wa) CrPC


The victim had not only been abandoned by the appellant but also by her real mother(PW 1). They did not stop there but had put the life of the newly born child into jeopardy by sending him in an Orphanage. In view of Section 2(w a) of the Code of Criminal Procedure, the "victim" means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and expression "victim" includes his or her guardian or legal heir. The child born to the victim is indeed her legal heir and also a victim in view of the definition of "victim" and therefore, he must be adequately compensated for as it was the appellant who is responsible for bringing him in this world and then abandoning him at the mercy of an Orphanage.


Criminal Appeal No. 1430 of 2018

Decided On: 24.02.2022

 Ramesh Tukaram Vavekar  Vs. State of Maharashtra and Ors.

Hon'ble Judges/Coram:

Sadhana S. Jadhav and Prithviraj K. Chavan, JJ.

Author: Prithviraj K. Chavan, J.

Citation: MANU/MH/0574/2022.

Read full Judgment here: Click here

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