STATE OF GUJARAT Vs. MOHANBHAI MATHURBHAI KANJARIA

JUDGEMENT

(1.) This appeal is filed by the State under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Cr.P.C. referred hereinafter) challenging the judgment and order of acquittal dtd. 11/12/2015 passed by the learned Additional Sessions Court, Jamnagar in Special (POCSO) Case No.7 of 2014.

(2.) It is the case of the prosecution that the complaint came to be lodged before the Kalyanpur Police Station on 1/10/2013 by the father of the prosecutrix, who is aged 10 years studying in standard 4 at Juvanpur Kanya Shala, alleging that his daughter, during recess hours of school came for the lunch at around 1'O Clock on 30/9/2013 and left for school on completion of lunch around 01:45p.m., she came back to the home and was shouting when reason was asked about returning to home by the grandmother, she disclosed that Mohanbhai Mathurbhai Kanjaria, who is staying on opposite side of the house of the prosecutrix had taken her into the courtyard of his house by asking her that he would give her Rs.20.00 and thereafter had started molesting her, when she shouted, she was allowed to go back to her house. With the aforesaid allegation the complaint came to be filed under Sec. 354 of the Indian Penal Code and Sec. 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

(3.) On filing this complaint, the accused came to be arrested on 2/10/2013 and was sent to the judicial custody. Thereafter, the accused was released on granting the bail by the competent court. At the end of the investigation, the report was submitted on 19/2/2013 before the Competent Court and the same was numbered as Special (POCSO) Case No.7 of 2014.