BHIMABHAI JAGUBHAI RATADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Learned APP Mr. J.K.Shah waives service of rule on behalf of the respondent - State.

(2.) The present application has been filed by the applicant- original accused under Section 389 of the Code of Criminal Procedure, 1973 for suspension of sentence and/or releasing him on bail.

(3.) Learned advocate appearing for the applicant- original accused submitted that the present applicant has been convicted by the Special Judge (POCSO) and 3rd Additional Sessions Judge, Junagadh in Special (POCSO) Case No.47/2017 vide Judgment and Order dated 13.09.2019 for the offences punishable under Sections 376, 363 and 366 of the Indian Indian Penal Code and under Sections 4, 6, 8 and 12 of the Protection of Children from Sexual Offences Act, 2012. Learned advocate for the applicant- original accused submitted that the applicant has a strong prima facie case in his favour to show that the impugned judgment and order passed by the learned Session Judge is contrary to law, proved facts and evidence on record and therefore, the applicant is likely to be acquitted of the offences alleged against him. It is submitted that the learned Sessions Judge has erred in convicting the applicant though there is no evidence produced by the prosecution in support of the case of the prosecution.