Gujarat High Court
State Of Gujarat vs Krunalkumar Rajeshbhai Babubhai ... on 31 January, 2025
NEUTRAL CITATION
R/CR.MA/2100/2025 ORDER DATED: 31/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 2100 of 2025
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 27948 of 2024
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STATE OF GUJARAT
Versus
KRUNALKUMAR RAJESHBHAI BABUBHAI MAKWANA
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Appearance:
MR BHARGAV PANDYA, APP for the Applicant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 31/01/2025
ORAL ORDER
1. Heard learned APP Mr.Bhargav Pandya for the applicant - State and perused the impugned judgment and order of acquittal.
2. The State has preferred the present application seeking leave to appeal against the judgment and order of acquittal dated 06.07.2023 passed by the learned Additional Sessions Judge, Anand in Special (POCSO) Case No. 48 of 2017, whereby, the learned Trial Court acquitted the opponent for the offence punishable under Section 354(A), 342 and 506(2) of IPC and under Section 8 of the POCSO Act.
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NEUTRAL CITATION R/CR.MA/2100/2025 ORDER DATED: 31/01/2025 undefined
3. Learned APP submits that the prosecution had examined 17 witnesses and produced 21 documentary evidences but the learned Trial Court has not appreciated the evidence properly and the impugned judgment and order of acquittal has resulted into miscarriage of justice. The prosecution has a good case on merits and the application may be allowed. 3.1 Learned APP has placed on the order of this Court passed in State of Gujarat V. Prafulbhai Kansinh Zala in CR.M.A. No. 14092 of 2024, wherein, this Court in para 10 has observed as under:
"10. In view of the aforesaid analysis of the provisions of law and also the relevant judgment of the Apex Court as well as other High Court on the very issue, this Court is of the view for the purpose of seeking leave to appeal under Section 378(3) of the Code of Criminal Procedure, equivalent Section 419 of BNSS. Against the judgment and order of acquittal by the trial Court/Sessions Court, no separate application seeking leave to appeal is required to be filed by the appellants. It is sufficient fulfillment of the requirement of the provisions of law to make a prayer seeking leave to appeal within the memo of appeal. The composite petition/appeal memo praying for leave to appeal, admission of appeal and challenge to impugned judgment and order of acquittal will meet with the requirement of provisions of the Code.Page 2 of 3 Uploaded by F.S. KAZI(HC01075) on Fri Jan 31 2025 Downloaded on : Sat Feb 01 05:36:29 IST 2025
NEUTRAL CITATION R/CR.MA/2100/2025 ORDER DATED: 31/01/2025 undefined
4. Perused the impugned judgment and order of acquittal and heard learned APP and considering the facts and circumstances of the case , this is a fit case to grant leave to appeal. Consequently, the present application is allowed and is disposed of accordingly.
(S. V. PINTO,J) *F.S.KAZI.....
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