MADHUBEN Vs. THAKORE PRAKASHJI KAPURJI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 30/10/2018 passed by the learned Additional Sessions Judge, Patan in Special POCSO Case No.2 of 2015 for the offences under Ss. 363 , 366 and 376 of the Indian Penal Code and Ss. 3(A) and 4 of the Protection of Children from Sexual Offences Act, 2012, the appellant - original complainant has preferred this appeal as provided under Sec. 372 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 No.1 - original accused.

(2.) At the time of incident, the daughter of the complainant was studying in 9th standard in Tanna Girls High-school, Harij. On 13/10/2014, she left her house for Diwali household chores at one Mahendrabhai Revashankar Thaker's house. When she did not return to her house, her mother inquired about her at Mahendrabhai's house, where it was replied that she has already left from there at about 2:00 pm for her house. At that time, one Nilkanthkumar Dalpatram Pandya met them and stated that he has shown her daughter with one Prakashji Kapurji Thakor on his motor-cycle at about 2:30 pm on State Bank Road, Harij. Since she left from there and did not return to her house, her mother inquired for her here and there. Thereafter, on next day, i.e. 14/10/2014, the complainant lodged the complaint with regard to the incident before the Harij Police Station, which was registered as I - C.R. No.100 of 2014 for the offences under Ss. 363 , 366 and 376 of the Indian Penal Code. After investigation, the police authority has added Sec. 3(A) and 4 of the POCSO Act.

(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 No.1 accused, charge-sheet came to be filed in the Court of learned Additional Sessions Judge, Patan.