STATE OF GUJARAT Vs. NARESHBHAI KALSINGBHAI BARIA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 28/9/2018 passed by the learned 2nd Additional Sessions and Special Judge, Dahod at Limkheda in Special Case (POCSO) No. 3 of 2018 for the offences under Sec. 363, 366, 376(N) of IPC and also under Sec. 3 and 4 of POCSO Act, whereby the respondent accused is acquitted from the aforesaid offence, 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.) Short facts of the prosecution case is such that complainant viz. Shri Rameshbhai Pratapbhai Baria, resident of Chundadi Kadai Faliyu, Taluka, Limkheda, District Dahod filed complaint on 22/8/2014 with Randhikpur Police Station against the respondent accused for the offence under Sec. 363, 366, 376(N) of IPC and under sec. 3 and 4 of POCSO Act. According to the complainant, on 17/3/2014 due to Holy Festival, his minor daughter and son went to fair at about 10.00 in the morning. The complainant and his wife were at home. At about 5.00 pm, complainant's son viz. Shri Nilesh came home and informed the complainant that about 3.00 in the noon, respondent caught hand of his sister and went towards Piplod road and though he chased them, but due to huge public in the fair, he could not find them. Thereafter, the complainant started to search his daughter but could not find and as his in-laws house was at Pipaliya village, he informed them and talked them to search his daughter. Thus, according to the complainant, the respondent accused abducted his daughter from his legal guardianship by luring and tempting for the purpose of marriage and therefore, complaint came to be registered as I-C.R. No. 14 of 2014 for the aforesaid offence.

(3.) In pursuance of the complaint lodged by the complainant against the respondent accused, investigating agency recorded statements of the witnesses and collected relevant evidence by drawing various panchnama and also collected medical and FSL evidence for the purpose of proving the crime. After having found material against the respondent accused, charge-sheet came to be filed before the Special Court. Learned Trial Judge framed charge against the respondent accused at Exh. 6 for the aforesaid offence. The respondent accused pleaded not guilty and claimed to be tried.