Gujarat High Court
State Of Gujarat vs Samir Raufbhai Meman on 11 July, 2023
Bench: Umesh A. Trivedi
R/CR.MA/12088/2023 ORDER DATED: 11/07/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 12088 of 2023
In
R/CRIMINAL APPEAL NO. 1635 of 2023
With
R/CRIMINAL APPEAL NO. 1635 of 2023
======================================
STATE OF GUJARAT
Versus
SAMIR RAUFBHAI MEMAN
======================================
Appearance:
MR. BHARGAV V. PANDYA, APP for the Applicant(s) No. 1
for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
and
HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 11/07/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE UMESH A. TRIVEDI)
ORDER IN CRI.MISC.APPLICATION NO. 12088 of 2023
1. Heard Mr. Bhargav V. Pandya, learned APP.
2. According to his submission, not only an offence of
kidnapping can be said to have been proved but even an
offence under Section 376 of the Indian Penal Code
(hereinafter referred to as "IPC") is also proved on record.
3. He has further submitted that learned Judge has also
believed the victim to be under the age of 18 years and
R/CR.MA/12088/2023 ORDER DATED: 11/07/2023
despite, in her deposition, she has clearly stated that physical
relation was entered into by the accused against her will.
3.1 Drawing attention of the Court to the definition of
'kidnapping', it is stated that even if she has voluntarily left her
home, if the accused takes her to any place when victim is less
than 18 years, accused is said to have committed an offence
punishable under Section 363 of "IPC" also. It is further
submitted that when accused has booked a room in a hotel by
producing Aadhar card of someone else, that shows his guilty
mind and proves what he intends to do.
3.2 It is further pointed out by learned APP that on the date
of incident, she was called at Bharuch to meet him, and
therefore, she boarded a train and thereafter the accused
asked her to get down at Ankhleshwar, where he came to pick
her up.
3.3 It is further submitted that it has come in evidence that
he assured of marriage, which was never performed. However,
he took her to the hotel and against her will, entered into a
physical relation, which constitutes an offence. Therefore,
according to the submission of learned APP, undeserved order
of acquittal requires to be interfered with.
R/CR.MA/12088/2023 ORDER DATED: 11/07/2023
4. Considering the submission and the relevant discussion
in the impugned judgment and order, we deem it fit to grant
leave to appeal against the judgment and order of acquittal
passed by the Special Judge (POCSO) & 2 nd Additional Sessions
Judge, Fast Track Special Court, Surat dated 15.04.2023 in
Special (POCSO) Case No. 44 of 2020.
In view thereof, this application stands disposed of.
ORDER IN CRI. APPEAL NO. 1635 of 2023
Since leave to appeal is granted today, appeal is required
to be admitted.
Hence, Admit. Mr. Bhargav V. Pandya, learned APP,
waives service of notice of admission for and on behalf of
respondent - State.
Bailable warrant in the sum of Rs. 25,000/- be issued
against the respondent - accused.
(UMESH A. TRIVEDI, J.)
(M. K. THAKKER, J.)
Raj
