SHIVSHANKAR RANJITSINH RAJPUT Vs. NIRAJ RAMRATAN YADAV

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order dtd. 30/9/2019 passed by the learned 5 th Additional District and Sessions Judge, Surat in POCSO Case No.174 of 2017, whereby the respondent accused came to be acquitted for the offences punishable u/s 363, 366, 376(I)(J)(N) of the IPC and u/s 4, 5(L) and 6 of the POCSO Act, 2012, the appellant - original complainant has preferred present criminal appeal u/s 372 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Briefly stated, on 7/5/2015 in noon time, the respondent accused has abducted the daughter of the complainant from his lawful guardianship with an intention to commit rape on her and thereafter, committed sexual intercourse without the consent of his daughter and therefore, complaint is lodged at Pandesara Police Station on 9/5/2015. In pursuance of the complaint lodged by the complainant, the investigating agency collected the evidence in form of statement of witnesses and documentary evidence and after having found material against the respondent accused, charge-sheet came to be filed in the Special Court and it came to be registered as Criminal (POCSO) Case No.174 of 2017. The learned trial Court framed the charge at Exh.5 against the respondent accused for the aforesaid offences. The respondent accused pleaded not guilty and claimed trial.

(3.) In order to bring home the charge, the prosecution has examined 14 witnesses and also produced various documentary evidence before the learned trial Court, more particularly described in para 7 and 8 of the impugned judgment and order.