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2021 Supreme(Guj) 413

ASHUTOSH J.SHASTRI
Harishbhai Abhesing Baria – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
MR JAYRAJ CHAUHAN, MR.J.K.SHAH, Adv

ORDER :

[1] By way of present Criminal Revision Application under Section 397 of the Code of Criminal Procedure read with Section 311 of the Code of Criminal Procedure, the present applicant has challenged the legality and validity of an order dated 02.01.2021 passed below Exh.63 in Special Case No.44 of 2018 (POCSO) and prayed for grant of reliefs as prayed for in application at Exh.63.

[2] The case of the applicant is that a complaint came to be filed being FIR No.C.R.No.I-29 of 2018 registered with Rajgadh Police Station, Panchmahals for the offences punishable under Sections 363, 366, 376(D) and 114 of the Indian Penal Code read with Sections 4, 6 and 17 of the POCSO Act read with Section 3(1)(w)(i)(ii) and Section 3(2)(5) of the Atrocity Act in which the applicant is made as one of the co-accused.

[3] As per the say of the complainant, while they were attending the marriage function at the house of Bhavsinhbhai who is close relative, the prosecutrix and her mother have also accompanied to attend the said marriage function and during that night, the people present were dancing on the DJ music. According to the complainant, the alleged incident occurred in the early morning hours b

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