RASIKBHAI HIMATBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'the Code'), arising from the judgment and order of conviction passed by the learned Special Judge (POCSO), City Civil & Sessions Court No. 20 ('trial Court', for short), Dated: 09.08.2017, in Special (POCSO) Case No. 61 of 2014.

(2.) The brief facts leading to the present appeal are as follows:

(3.) It is the say of the learned Advocate, Mr. Barod, appearing in legal-aid for the appellantconvict that the trial Court has committed a serious error in not appreciating the evidence on record, as per the well settled principles of criminal jurisprudence. The court also has not regarded the fact that only on legally reliable and un-impeachable evidence, the prosecution can succeed in proving the guilt of a person. The place of recovery and discovery panchnama also have not been proved, according to the appellant. It is, further, his say that there was no evidence of the molestation of the child and the ingredients of Section 354A of the IPC are also not successfully and satisfactorily proved. It is, further, urged that the punishment imposed by the trial Court is too harsh and disproportionate and the Court needs to strike a balance even if it finds the guilt of the appellant to have been proved.