STATE OF GUJARAT Vs. PRAKASHBHAI MADHUJI THAKOR

JUDGEMENT

(1.) THE present application is for leave to prefer appeal against the judgment and order passed by the learned Sessions Judge, Palanpur in Sessions Case No. 46 of 2011; whereby, the accused has been acquitted for the offence under Sections , and of Indian Penal Code. We have considered the record and relevant evidence which has been made available by the learned APP during the course of the hearing. We have considered the judgment and reasons recorded by the learned Sessions Judge. We have heard learned APP for the State.

(2.) IT appears that as per the medical history given before the Doctor, she has not stated about any compulsion for leaving the place of the parents. In the cross examination of the said victim, she has admitted that they moved at different places and they were going for outing also at different places. The victim had enough opportunity to complain about conduct but no complaint was made for a period of 1 month and accused and victim had stayed at different places but no complaint was made by the victim.

(3.) UNDER the circumstances, if the learned Sessions Judge has found that the prosecution has not been able to prove the case beyond reasonable doubt for the charge of offence under Sections , and of Indian Penal Code against the original accused, the same cannot be said to be an error which may call for interference in the appellate jurisdiction of this Court against the judgment and order of acquittal. Under the circumstances, leave does not deserve to be granted. Therefore, not granted. Application disposed of accordingly.