STATE OF GUJARAT Vs. PRATAP PRABHURAM DEVASI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 30/4/2022 passed by the learned Special (POCSO) Judge, Surat in Special (POCSO) Case No.40 of 2016 for the offences under sec. 376 of IPC and also u/s 3 and 4 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.) Briefly stated, it is the case of the prosecution that from 26/12/2015 to 27/12/2015, the accused forcibly entered in the house of the complainant, threatened the victim to kill her parents and thereupon, forcibly made intercourse with the victim and thus, committed the offence punishable u/s 376 of IPC and also u/s 3 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 various Panchnamas, relevant medical evidence and other evidence. After having found material against the respondent accused, charge-sheet came to be filed in the Competent Court at Surat, which was registered as Special (POCSO) Case No.40 of 2016. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Surat as provided under sec. 209 of the Code.