State Of Gujarat vs Kasam Salemahamad Kumbhar
2021 Latest Caselaw 4842 Guj

           R/CR.A/981/2020                                              ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/CRIMINAL APPEAL NO. 981 of 2020
                                With
            R/CRIMINAL MISC.APPLICATION NO. 15632 of 2020
                 In CRIMINAL APPEAL NO. 981 of 2020
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                            STATE OF GUJARAT
                                  Versus
                       KASAM SALEMAHAMAD KUMBHAR
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Appearance:
MS KRINA CALLA, LD.APP(2) for the Appellant(s) No. 1
MR KUMAR H TRIVEDI(9364) for the Opponent(s)/Respondent(s) No. 3
MR ASHISH M DAGLI(2203) for the Opponent(s)/Respondent(s) No. 1,2
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 CORAM: HONOURABLE MR. JUSTICE A.J.DESAI
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                     Date : 30/03/2021

                        ORAL ORDER

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

CRIMINAL MISC.APPLICATION NO. 15632 of 2020 :

1. By way of the present application under Section 378 (1) (3) of the Code of Criminal Procedure, 1973, the applicant has prayed to grant leave to appeal against the judgment and order of acquittal dated 25.11.2019 passed by learned Special Judge, Additional Sessions Court, Patan in Special (POCSO) Case No.15 of 2015.

2. We have heard learned advocates appearing for the respective parties. We have also 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.

R/CR.A/981/2020 ORDER

CRIMINAL APPEAL NO. 981 of 2020 :

ADMIT. Mr.Ashish Dagli, learned advocate waives service of notice of admission on behalf of respondent Nos.1 and 2

- original accused. Mr.Kumar Trivedi, learned advocate waives service of notice of admission on behalf of respondent No.3 - original complainant.

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

(A.J.DESAI, J)

(A. S. SUPEHIA, J)

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