STATE OF GUJARAT Vs. DASHRATHBHAI

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order dtd. 6/2/2021 passed by the learned Additional Sessions Judge, Deesa, in Special (POCSO) Case No. 15 of 2017, whereby the respondent - accused came to be acquitted for the offense punishable under Sec. 363 , 366 , 365 376 and 506(2) of the Indian Penal Code (hereinafter referred as ' IPC ' for short) and Sec. 4 and 6 of the POCSO Act. 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).

(2.) The brief facts germane to the appeal are as follows:-

(3.) We have minutely examined the oral as well as documentary evidence adduced by the prosecution before the trial Court and we have also heard the submissions made by Ms. C. M. Shah, learned APP appearing for the State. On re- appreciation of the evidence from our end we have noticed that there were some vital discrepancies in the documents with regard to the date of birth of the victim. We also find that the conduct of the victim of running away with the accused and staying with the accused at Naroda without any protest or any reaction is also very strange and not acceptable in the eye of law.