State Of Gujarat vs Amarbhai S/O. Khimjibhai ...
2022 Latest Caselaw 10102 Guj

     R/CR.MA/22779/2022                            ORDER DATED: 14/12/2022




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 22779 of 2022

                    In R/CRIMINAL APPEAL NO. 2472 of 2022
                                    With
                      R/CRIMINAL APPEAL NO. 2472 of 2022
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                          STATE OF GUJARAT
                                Versus
              AMARBHAI S/O. KHIMJIBHAI KHANABHAI SOLANKI
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Appearance:
MR HK PATEL, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE S.H.VORA
       and
       HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                              Date : 14/12/2022

                                ORAL ORDER

(PER : HONOURABLE MR. JUSTICE S.H.VORA)

Order in Criminal Misc. Application No.22779 of 2022

1. By way of present application under Section 378(1)(3) of the Code of Criminal Procedure, the applicant-State seeks leave to appeal against the judgment and order dated 15.09.2022 rendered in Special (POCSO) Case No.14 of 2019 by the learned City Civil and Sessions Court, Court No.11, Ahmedabad City whereby the private respondent-accused came to be acquitted from the charge of offence punishable under Sections 376(A)(B) of IPC and sections 3(a)(b), 4, 5(m), 6 of the POCSO Act.

R/CR.MA/22779/2022 ORDER DATED: 14/12/2022

2. Having heard learned APP for the applicant - State and considering impugned judgment and our primary re- assessment and re-appreciation of evidence at glance, present application deserves consideration. Therefore, leave to appeal is required to be granted and accordingly it is granted. The present application is allowed accordingly.

Order in Criminal Appeal No.2472 of 2022

Appeal is admitted.

Since the respondent - original accused is in judicial custody, no order is passed with regard bailable warrant at this stage.

(S.H.VORA, J)

(RAJENDRA M. SAREEN,J) SATISH