MUKESHBHAI JAYANTIBHAI AEDALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring this appeal, the appellant has prayed to quash and set aside the judgment and order of conviction dtd. 29/11/2021 passed by the learned Special POCSO Judge, Deesa in Special (POCSO) Case No. 14 of 2017.

(2.) Heard learned advocate for the appellant.

(3.) It is submitted by learned advocate for the appellant that nothing is established by the prosecution whether the appellant had attempted to outrage modesty of daughter of the complainant from any of the evidences placed before the learned Trial Court. It is further submitted that it is the admitted and established fact by the complainant and her husband that nothing as alleged scene of offence was occurred. It is further submitted that referring the depositions of the victim, her mother, and her father and witness Mafabhai Mudabhai as well as Prakhashbhai Khimabhai Valmike, it is submitted that none of the witnesses have clearly supported the case of the prosecution before the Trial Court. However, the appellant is wrongly convicted on the basis of assumption and presumption. That father of the accused Sureshbhai was expired during the pendency of the trial. It is further submitted that the the appellant has produced custody certificate issued by the Superintendent, Palanpur District Prison dtd. 2/2/2022. It is further submitted that the appellant was released on bail during the trial and he has not misused the liberty granted to him during that period. It is further submitted that the dispute is settled between the appellant and original complainant and it is prayed to permit the appellant to join the original complainant as respondent no. 2 in the present appeal.