Gujarat High Court
State Of Gujarat vs Krunalkumar Rajeshbhai Babubhai ... on 31 January, 2025
NEUTRAL CITATION
R/CR.MA/2100/2025 ORDER DATED: 31/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 2100 of 2025
(FOR LEAVE TO APPEAL)
In
F/CRIMINAL APPEAL NO. 27948 of 2024
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STATE OF GUJARAT
Versus
KRUNALKUMAR RAJESHBHAI BABUBHAI MAKWANA
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Appearance:
MR BHARGAV PANDYA, APP for the Applicant(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 31/01/2025
ORAL ORDER
1. Heard learned APP Mr.Bhargav Pandya for the
applicant - State and perused the impugned judgment and order
of acquittal.
2. The State has preferred the present application seeking
leave to appeal against the judgment and order of acquittal dated
06.07.2023 passed by the learned Additional Sessions Judge,
Anand in Special (POCSO) Case No. 48 of 2017, whereby, the
learned Trial Court acquitted the opponent for the offence
punishable under Section 354(A), 342 and 506(2) of IPC and under
Section 8 of the POCSO Act.
NEUTRAL CITATION
R/CR.MA/2100/2025 ORDER DATED: 31/01/2025
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3. Learned APP submits that the prosecution had
examined 17 witnesses and produced 21 documentary evidences
but the learned Trial Court has not appreciated the evidence
properly and the impugned judgment and order of acquittal has
resulted into miscarriage of justice. The prosecution has a good
case on merits and the application may be allowed.
3.1 Learned APP has placed on the order of this Court
passed in State of Gujarat V. Prafulbhai Kansinh Zala in
CR.M.A. No. 14092 of 2024, wherein, this Court in para 10 has
observed as under:
"10. In view of the aforesaid analysis of the provisions
of law and also the relevant judgment of the Apex
Court as well as other High Court on the very
issue, this Court is of the view for the purpose of
seeking leave to appeal under Section 378(3) of the
Code of Criminal Procedure, equivalent Section 419
of BNSS. Against the judgment and order of
acquittal by the trial Court/Sessions Court, no
separate application seeking leave to appeal is
required to be filed by the appellants. It is sufficient
fulfillment of the requirement of the provisions of
law to make a prayer seeking leave to appeal
within the memo of appeal. The composite
petition/appeal memo praying for leave to appeal,
admission of appeal and challenge to impugned
judgment and order of acquittal will meet with the
requirement of provisions of the Code.
NEUTRAL CITATION
R/CR.MA/2100/2025 ORDER DATED: 31/01/2025
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4. Perused the impugned judgment and order of acquittal
and heard learned APP and considering the facts and
circumstances of the case , this is a fit case to grant leave to appeal.
Consequently, the present application is allowed and is disposed
of accordingly.
(S. V. PINTO,J)
*F.S.KAZI.....
