STATE OF GUJARAT Vs. DALJIBHAI DHUDABHAI CHODHARI

JUDGEMENT

(1.) Rule returnable forthwith. Ms. Jirga Jhaveri, learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondentState.

(2.) Applicant is seeking leave to prefer appeal against the judgement and order of acquittal dated 04.03.2020 passed by the Special Judge (POCSO) & 4 th Additional Sessions Judge, Banaskantha at Palanpur in Special (POCSO) Case No.35 of 2018 for acquitting the opponent for the offences under sections 363, 366, 376 and 114 of the Indian Penal Code and sections 3(c),4, 6,8,16 and 17 of the Protection of Children from Sexual Offences Act, 2012.

(3.) On 16.07.2018, at about evening hours, the complainant along with his wife and children had gone to bed at around 10:00 p.m at night. The sister of the victim woke up at around 3:00 hours in the night and found her sister missing. She, therefore, had intimated her father and the search was on. After two days, on noticing the photographs of her on whatsapp, he realised that she had kept her photo with the juvenile accused, who was working at the hotel of the complainant. On inquiry, she refused to return to the parental home. The father then lodged the First Information Report. Present applicant is alleged to have abetted in abduction in commission of the crimes, which have been alleged against the juvenile accused. The investigation resulted into Special (POCSO) Case No.35 of 2018. After recording of evidence, the Court acquitted the present opponent. Request, therefore, has been made to grant leave to appeal.