STATE OF GUJARAT Vs. JAYDIP

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 23/12/2021 passed by the learned Additional Sessions Judge and Special Judge (POCSO), Mehsana in Sessions Case No.37 of 2018 for the offences under Ss. 363 , 366 and 376 of the Indian Penal Code and Ss. 4 , 6 and 8 of the Protection of Children from Sexual Offences Act, 2012, the applicant - State of Gujarat has preferred this application to grant leave to appeal as provided under sec. 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code" for short) inter alia challenging the judgment and order of acquittal in favour of the respondent accused.

(2.) The facts as per prosecution case are that, on 30/3/2018 at about 3:30 p.m., the victim has told his father that she will go to the bank for withdrawal of money. Since the victim has not returned back to the home till evening, the complainant - father of the victim has inquired in the bank and at other places, however the victim was not found. Therefore, he has told about this incident to his nephew Manish. They both - complainant - father of the victim and Manish went to the market for searching the victim. At that time, by hearsay, they came to know that one Thakor Jaydip Arvindji of their village has kidnapped the victim and said Thakor Jaydip was also not found at his home. Therefore, the complainant lodged a complaint with regard to the incident before the Ladol Police Station, which was registered as I - C.R. No.28 of 2018 for the offences under Ss. 363 and 366 of the Indian Penal Code.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence in form of medical evidence and drawn Panchnama(s) and other relevant evidence for the purpose of proving the offence. After having found material against the respondent accused, charge-sheet came to be filed in the Court of learned Special Judge, (POCSO) and Additional Sessions Judge, Mehsana.