STATE OF GUJARAT Vs. HASMUKHBHAI

JUDGEMENT

(1.) This is an application by the applicant-original complainant-State of Gujarat under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973, seeking leave of this Court to present an appeal against the judgment and order of acquittal, passed by the learned Special Judge and Additional Sessions Judge, Anand in Special (POCSO) Case No. 35 of 2015 dtd. 16/12/2021, acquitting the respondent accused from the offences punishable under Sec. 376(Chh) of Indian Penal Code and Sec. 5(F)(M) and 6 of POCSO Act.

(2.) Heard learned APP Ms. C.M. Shah for the applicant--State and perused the impugned judgment and order of the trial Court so also Record and Proceedings.

(3.) While considering the application for leave to appeal, Court is required to look the judgment and order of acquittal prima facie and the record and proceedings so as to reach to a subjective conclusion that whether there is any prima facie case or not. If there is prima facie case, leave to appeal is required to be granted and if there is no prima facie case and there is no merits in the appeal itself and no error is committed by the trial court in acquitting the accused, leave to appeal is not required to be granted. Leave to appeal cannot be granted as a matter of right and without subjective satisfaction, otherwise, it would increase the appeals on the file of the High Court.