State Of Gujarat vs Rameshbhai Ishwarbhai Devipujak ...
2021 Latest Caselaw 1907 Guj

         R/CR.MA/20283/2020                                               ORDER



   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

       R/CRIMINAL MISC.APPLICATION NO. 20283 of 2020
                            In
            R/CRIMINAL APPEAL NO. 1367 of 2020
                           With
            R/CRIMINAL APPEAL NO. 1367 of 2020
==============================================================
                        STATE OF GUJARAT
                              Versus
             RAMESHBHAI ISHWARBHAI DEVIPUJAK (VAGHRI)
==============================================================
Appearance:
MR RC KODEKAR, APP for the Applicant(s) No. 1
NOTICE NOT RECD BACK(3) for the Respondent(s) No. 1
==============================================================

CORAM: HONOURABLE MR. JUSTICE A.J.DESAI
       and
       HONOURABLE MR. JUSTICE A.C. RAO

                                Date : 09/02/2021

                                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.J.DESAI)

ORDER IN CRIMINAL MISC. APPLICATION :

By way of the present application under Section 378 (4) of the Code of Criminal Procedure, 1973, the applicant - original complainant has prayed to grant leave to appeal against the judgment and order of acquittal dated 05.03.2020 passed by learned Additional Sessions Judge and Special Judge (POCSO), Mehsana in Sessions Case No. 33 of 2017.

We have heard learned advocates appearing for the respective parties. We have also perused the impugned judgment of the learned Sessions Court. Considering the facts and circumstances of the case, we are of the opinion that the present application requires consideration and hence, the same is allowed. Leave as prayed for is granted.

R/CR.MA/20283/2020 ORDER

Mr. Yogendra Thakore, learned advocate, is permitted to file his appearance on behalf of opponent - original accused.

ORDER IN CRIMINAL APPEAL :

Heard Mr.R.C.Kodekar learned APP appearing for the appellant

- original complainant and Mr.Yogendra Thakore learned advocate for the respondent - original accused.

Admit. Mr. Yogendra Thakore, learned advocate, waives service of notice on behalf of respondent - original accused.

Bailable Warrant in the sum of Rs.10,000/- be issued against the respondent - original accused.

Registry is directed to call for the Records and Proceedings along with Paper-book from the concerned Trial Court.

(A.J.DESAI, J)

(A. C. RAO, J) F.S. KAZI