SANGEETABEN DADABHAU BABULAL PATIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Sec. 372 of Code of Criminal Procedure is filed by the original complainant against the judgment and order of acquittal dtd. 11/5/2023 passed by 2ndAdditional Sessions Judge (POCSO Case), Surat in Special Case (POCSO) No. 205 of 2022. By the impugned judgment and order, the trial Court has acquitted the respondent No.2 of the charges under Ss. 363, 366, 376(2)(j)(n) and Sec. 3(A), 4, 5(l), 6, 7 and 8 of POCSO Act.

(2.) The present appeal is preferred by the original complainant, who is the mother of the victim of the offence. At the outset, it may be observed that the victim and the respondent No.2 have entered into marriage and are residing as husband and wife as family. Apparently, the original complainant does not appear to be agreeable to this matrimonial relations and hence preferred an appeal before this Court in her capacity as the original complainant.

(3.) Learned advocate appearing on behalf of the appellant through the Legal Aid Service Authorities has raised a solitary contention that at the time of marriage, the daughter of the appellant was not major. It is contended that there were two Certificates, one being the School Leaving Certificate and the other being Birth Certificate. In the School Leaving Certificate, the date of birth of the victim was noted as 4/6/2004, whereas in the Birth Certificate, the date of birth was recorded as 24/10/2004. The date of incident reported is of 9/6/2022 and therefore, if the date of birth as recorded in the birth certificate is concerned, then age of the victim was only 17 years and 7 months and therefore clearly the offence is made out.