VIMLABEN PARSHOTTAMBHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order dtd. 15/11/2021 passed by the learned Special Judge and Additional Sessions Judge, Anand in Special (POCSO) Case No. 33 of 2018, whereby the respondent accused came to be acquitted for the offences punishable u/s. 363, 366, 376 of the IPC and u/s. 4, 5 and 18 of the POCSO Act, 2012, the appellant - wife of the original complainant has preferred present criminal appeal u/s. 372 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Briefly stated, complainant Parshottambhai Vankar lodged the complaint with Borsad Rural Police Station against the respondent accused vide I - C.R. No. 05 of 2018. As per the prosecution case, on 13/1/2018, the complainant was informed by her wife Vimlaben that their daughter went at 9:00 a.m. at bank river for washing clothes and as she did not return till 10:30 a.m. and could not trace nearby and also in the village itself, namely Vahera, the complainant made inquiry from the person residing nearby i.e. respondent accused and as he was not found and both the victim and the accused were knowing each other, present complaint came to be filed against the respondent accused for abduction and kidnapping. 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 Special (POCSO) Case No. 33 of 2018. 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 11 witnesses and also produced documentary evidence in form of complaint, medical certificate of the victim, 164 statement of the victim, FSL report and other documentary evidence before the learned trial Court.