State Of Gujarat vs Sureshbhai @ Suryo Budhabhai ...
2023 Latest Caselaw 5098 Guj

   R/CR.MA/4766/2023                         ORDER DATED: 01/07/2023




    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
    R/CRIMINAL MISC.APPLICATION NO. 4766 of 2023
                              In
           R/CRIMINAL APPEAL NO. 579 of 2023
                             With
           R/CRIMINAL APPEAL NO. 579 of 2023
                             With
           R/CRIMINAL APPEAL NO. 408 of 2023
======================================
                     STATE OF GUJARAT
                            Versus
         SURESHBHAI @ SURYO BUDHABHAI PARMAR
======================================
Appearance:
MS CHETNA M. SHAH, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1
======================================
 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
         and
         HONOURABLE MRS. JUSTICE M. K. THAKKER

                       Date : 01/07/2023
                   ORAL ORDER

(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)

ORDER IN CRI.MISC.APPLICATION NO. 4766 of 2023

Heard Ms. Chetna M. Shah, learned APP.

According to her submission, since the victim had

supported the case of prosecution and as per the certificate of

birth, which was never challenged by the accused, she was

less than 18 years and any act which constitutes an offence

punishable under Section 376 of the Indian Penal Code

(hereinafter referred to as "the Code") is concerned, since she

is a minor even if it is stated to be with consent, nonetheless it

R/CR.MA/4766/2023 ORDER DATED: 01/07/2023

remains an offence under "the Code" as also under the

Protection of Children From Sexual Offences Act, 2012, and

therefore, accused could not have been acquitted by the

learned Judge.

Considering her submission, leave to appeal is granted.

This application stands disposed of.

COMMON ORDER IN CRI. APPEAL NO. 579 of 2023 & CRI. APPEAL NO. 408 of 2023 Criminal Appeal No. 579 of 2023 is filed by the State of

Gujarat challenging the impugned judgment and order of

acquittal, whereas victim has also challenged the very

impugned judgment and order by way of Criminal Appeal No.

408 of 2023.

Considering the submission made by the learned APP as

also by Mr. Divyam Joshi, learned advocate for Mr. Chintan S.

Popat, learned advocate for the appellant - victim, when leave

to appeal is already granted, we deem it fit to admit these

appeals.

Hence, both these appeals are Admitted. Ms. Chetna M.

Shah, learned APP waives service of notice of admission for

and on behalf of respondent - State in Criminal Appeal No. 408

of 2023.

R/CR.MA/4766/2023 ORDER DATED: 01/07/2023

Bailable warrant in the sum of Rs. 10,000/- be issued

against the accused, in each of these appeals.

Both these appeals be heard together as they are arising

from the same common judgment and order of acquittal.

(UMESH A. TRIVEDI, J.)

(M. K. THAKKER, J.) Raj