State Of Gujarat vs Girishbhai Bhailalbhai Solanki
2021 Latest Caselaw 3668 Guj

        R/CR.MA/17931/2020                                        ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/CRIMINAL MISC.APPLICATION NO.17931 of 2020
                             In
              R/CRIMINAL APPEAL NO.1164 of 2020

=========================================
                             STATE OF GUJARAT
                                   Versus
                      GIRISHBHAI BHAILALBHAI SOLANKI
=========================================
Appearance :
MS KRINA CALLA, Additional Public Prosecutor for the Applicant.
NOTICE SERVED for the Respondent.
=========================================

       CORAM : HONOURABLE MR. JUSTICE A.J.DESAI
               and
               HONOURABLE MR. JUSTICE A.S. SUPEHIA

                     Date : 02/03/2021
                       ORAL ORDER

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

Learned advocate Mr. Vasim Kureshi states that on last date of hearing i.e. 10.2.2021, he had received oral instructions from the respondent - accused to appear in the present application as well as in the appeal and, therefore, he requested for time to file his appearance. Accordingly, the request was accepted and the matter was adjourned for hearing today.

Today, learned advocate Mr. Vasim Kureshi states that though he has forwarded his Vakalatnama to the respondent, the same has not been sent back. Even the respondent is not responding to the phone calls of learned advocate Mr. Kureshi and, therefore, he would not like to appear in the matter. Hence, learned advocate Mr. Kureshi is permitted to withdraw his appearance.

In view of the above facts, when the respondent though

R/CR.MA/17931/2020 ORDER

served has chosen not to appear before this Court, we have heard learned Additional Public Prosecutor appearing for the applicant.

By way of the present application under Section 378 (1) (3) 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 7.9.2019 passed by learned SpecialJudge (POCSO) and Additional Sessions Judge, Vadodara in Special (POCSO) Case No.133 and 169 of 2016.

We have perused the impugned judgment of the learned Trial 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.

(A. J. DESAI, J)

(A. S. SUPEHIA, J)

SAVARIYA