Gujarat High Court
State Of Gujarat vs Mahendrabhai @ Manoj Thakorbhai Patel on 5 December, 2023
NEUTRAL CITATION
R/CR.MA/21467/2023 ORDER DATED: 05/12/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 21467
of 2023
In R/CRIMINAL APPEAL NO. 2676 of 2023
With
R/CRIMINAL APPEAL NO. 2676 of 2023
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STATE OF GUJARAT
Versus
MAHENDRABHAI @ MANOJ THAKORBHAI PATEL
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Appearance:
MS VRUNDA SHAH APP for the Applicant(s) No. 1
for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 05/12/2023
ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATION:
1. This is an application by the applicant - original complainant
under Section 378(4) of the Code of Criminal Procedure, 1973,
seeking leave of this Court to present an appeal against the
judgment and order of acquittal dated 16.09.2023 passed by the
learned Special Judge (Rape and POCSO Court) and 12 th Additional
Sessions Judge, Fast Track Special Court, Surat in Special Case
(POCSO) No.7 of 2018.
2. Heard learned A.P.P. Ms.Vrunda Shah for applicant and
perused the impugned judgment and order of the trial Court.
3. Learned A.P.P. Ms.Vrunda Shah submits that though the
prosecution had proved the case against the respondent - accused
beyond reasonable doubt for the offence punishable under Sections
354, 354(A), 354(B) of the Indian Penal Code and Section 8 of the
NEUTRAL CITATION
R/CR.MA/21467/2023 ORDER DATED: 05/12/2023
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Protection of Children from Sexual Offences Act, 2012, the learned
trial Court had passed the judgment and order of acquittal. The
learned A.P.P. submits that the prosecutrix was aged around 10
years only at the relevant point of time and was examined vide
exh.23 and supported the case of the prosecution. The learned trial
Court had acquitted the respondent - accused only on the ground
that there was no any independent witness, who was examined and
supported the case of the prosecution. The learned A.P.P. submits
that in fact, the case, which is in the nature of sexual assault,
evidence of the prosecutrix is also sufficient, if it is found to be
trustworthy. The learned A.P.P. further submits that during the
medical examination of the prosecutrix, scratch was found in the
private part which was proved through the evidence of medical
officer, who was examined below exh.40. However, in the reasoning,
the learned trial Court had observed that there was no any injury
found during the medical examination. The learned A.P.P. submits
that there was no any cause established for the false implication
and there was no any enmity, which was established between the
complainant and accused. However, the learned trial Court had not
believed the case of the prosecution and acquitted the respondent -
accused and therefore, it is prayed to grant leave to prefer an
appeal and to admit the appeal.
4. Considering the avernments made in the application and
submissions made by the learned advocates appearing for the
respective parties, this Court finds that there is some arguable case
in favour of the applicant, therefore, leave, as prayed for, is granted.
This application is allowed.
ORDER IN CRIMINAL APPEAL:
1. The appeal is admitted. Learned A.P.P. Ms.Vrunda Shah
NEUTRAL CITATION
R/CR.MA/21467/2023 ORDER DATED: 05/12/2023
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waives service of notice of admission on behalf of respondent -
State.
2. Issue bailable warrant in the sum of Rs.5,000/- (Rupees Five
Thousand only) against the respondent - original accused.
3. Record and proceedings be called for from the concerned
court. Registry is directed to list the Criminal Appeal in seriatim.
(M. K. THAKKER,J)
Hitesh
