RITABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Section 378(3) of the Code of Criminal Procedure, seeking leave of this Court to file an appeal against the order of acquittal passed by the 3rd Additional Sessions Judge, Junagadh dated 04.02.2020 in Special (POCSO)Case No.28 of 2019. The respondent accused was charged and tried for having committed the offences punishable under Section 354A(1) of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act. This application is by the mother of the victim girl.

(2.) Mr.Sanghavi, learned advocate for the applicant has submitted that the accused was charged and tried for having committed the offences punishable under Section 354A(1) of the Indian Penal Code and Section 12 of the Protection of Children from Sexual Offences Act. It is submitted that, at the relevant time, the age of the victim girl was about 15 years, the mother of the victim was the complainant and she is aggrieved by the order of acquittal passed by the Sessions Court and therefore appeal is filed. It is submitted that, while filing acquittal appeal, since it is the requirement to file an application seeking leave of this Court, this application is filed, the same is listed by the Registry and the same be allowed.

(3.) Heard learned advocate for the applicant and learned Additional Public Prosecutor for the State.