STATE OF GUJARAT Vs. TUSHAR CHHABILBHAI BERADIYA

JUDGEMENT

(1.) This appeal under Sec. 378 of the Code of Criminal Procedure, 1973 is preferred against the judgment and order of acquittal passed by the learned Special Judge (POCSO Court) and 2 nd Additional Sessions Judge, Rajkot in Special (POCSO) Case No.64 of 2022 dtd. 5/4/2023 acquitting the respondent from the offence punishable under Ss. 363 , 366 and 376(3) of the Indian Penal Code and Sec. 6 of the The Protection of Children from Sexual Offences Act, 2012.('POCSO').

(2.) The facts of the prosecution case is as under:

(3.) Learned Court framed the charge against the respondent- accused below Exh.11 for the offence under Ss. under Ss. 363 , 366 and 376(3) of the Indian Penal Code and Sec. 6 of the 'POCSO'. The charge was read over and explained to the respondent-accused who pleaded not guilty for the offence and claimed to be tried. In order to bring home the guilt of the accused, prosecution examined 6 witnesses and produced list of 15 documentary evidence list.