State Of Gujarat vs Rasikji Sursangji Thakor ...
2021 Latest Caselaw 13528 Guj

   R/CR.MA/5767/2021                         ORDER DATED: 06/09/2021




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

    R/CRIMINAL MISC.APPLICATION NO. 5767 of 2021

         In R/CRIMINAL APPEAL NO. 434 of 2021
                             With
           R/CRIMINAL APPEAL NO. 434 of 2021
=======================================
                      STATE OF GUJARAT
                            Versus
            RASIKJI SURSANGJI THAKOR (MAKWANA)
=======================================
Appearance:
MR HARDIK SONI, APP (2) for the Applicant(s) No. 1
MR NIRAV K PADHIYAR(5678) for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE PARESH UPADHYAY
       and
       HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                       Date : 06/09/2021

                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE PARESH UPADHYAY)

Order in Criminal Misc. Application No. 5767 of 2021:

Present application, under section 378(1)(3) of the Code of Criminal Procedure, 1973 has been preferred by the applicant - State of Gujarat for Leave to Appeal against the impugned judgment and order of acquittal dated 12/01/2021 passed by the learned 8th Ad-hoc Sessions Judge / Special Judge (POCSO) in POCSO Case Nos. 24 of 2017 (Old No. 7 of 2016) and 43 of 2017 (Old No. 50 of 2016) acquitting the opponents herein - original accused.

Heard, Mr. Hardik Soni, learned Additional Public Prosecutor appearing on behalf of the applicant - State and perused the

R/CR.MA/5767/2021 ORDER DATED: 06/09/2021

impugned judgment and order of acquittal and considering the same, it appears that the appeal deserves consideration. Hence, the present application is allowed and Leave to Appeal, as prayed for, is hereby granted.

Order in Criminal Appeal No. 434 of 2021:

The appeal is admitted.

[ Paresh Upadhyay, J. ]

[ A. C. Joshi, J. ] hiren