STATE OF GUJARAT Vs. PARASBHAI KANUBHAI CHAROLA

JUDGEMENT

(1.) The present appeal is filed by the State of Gujarat against judgment and order of acquittal dtd. 23/8/2024 passed by the Special Judge, POCSO Court & 10th Additional District Judge, Surat in Special (POCSO) Case No.125 of 2021. By the said judgment, the Special Court acquitted the respondents-accused for offences under Ss. 363, 366, 376(2)(N), 354, 354(A)(1)(1), 354(A)(1)(2), 354(2), 354(B), 354(D)(1)(1), 376(2)(J), 506(1) and 34 of the Indian Penal Code and Ss. 3(A) (C), 4, 5(L), 5(J)(2), 6, 7, 8, 9(L), 10, 16 and 17 of the POCSO Act.

(2.) By order dtd. 3/2/2025, while the Records and Proceedings was called for, the Court recorded that there appears to be overwhelming evidence in support of the defence to the extent that the parents of the prosecutrix have not supported the case of the prosecution and even the victim herself, though not declared hostile, has not supported the case of prosecution.

(3.) Learned APP for the appellant-State submitted that the judgment and order of the Special Court is based on inferences and also on presumptions. It is submitted that the Special Court has failed to appreciate cumulative effect of the evidence led by the prosecution in support of its case.