State Of Gujarat vs Rajubhai Ishwarbhai Chavda
2022 Latest Caselaw 773 Guj

     R/CR.MA/21444/2021                                 ORDER DATED: 24/01/2022



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC.APPLICATION NO. 21444 of 2021

                    In R/CRIMINAL APPEAL NO. 1855 of 2021
                                    With
                      R/CRIMINAL APPEAL NO. 1855 of 2021
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                               STATE OF GUJARAT
                                     Versus
                          RAJUBHAI ISHWARBHAI CHAVDA
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Appearance:
MS CM SHAH, APP (2) 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 SANDEEP N. BHATT

                                Date : 24/01/2022

                              ORAL ORDER

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

Order in Criminal Misc. Application No.21444 of 2021

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 11.11.2016 rendered in Special (POCSO) Case No.17 of 2015 by the learned Sessions Judge & Special Judge (POCSO), Panchmahal at Godhra, whereby the private respondent- accused came to be acquitted from the charge of offence punishable under Section 363, 366, 376, 114 of the Indian Penal Code and section 4 of POCSO Act.

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

R/CR.MA/21444/2021 ORDER DATED: 24/01/2022

is required to be granted and accordingly it is granted. The present application is allowed accordingly.

Order in Criminal Appeal No.1855 of 2021

Appeal is admitted.

Bailable warrant be issued in the sum of Rs.15,000/- against the respondent-original accused.

(S.H.VORA, J)

(SANDEEP N. BHATT,J) SATISH