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2021 Supreme(Guj) 652

ASHUTOSH J.SHASTRI
DEVIPOOJAK MUKESHKUMAR KANJIBHAI – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared:
For the Appellant : RATIK B BAROT
For the Respondent: NOTICE SERVED THRU CONCERNED POLICE STN, MR.J.K.SHAH

JUDGMENT

[1] By way of present Criminal Appeal under Section 14(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the appellant - accused has prayed for setting aside the impugned order passed by the learned 7th Additional Sessions Judge and Special Judge (POCSO), Mehsana in Criminal Misc. Application No.628 of 2021 and as a consequence thereof prayed for released on regular bail in connection with FIR being C.R.No.I-99 of 2018 registered with Kheralu Police Station, District-Mehsana for the punishable under Sections 363, 366 and 376(2)(n) of the Indian Penal Code, Sections 4, 5(1), 6 and 8 of the Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

[2] The background of case is that the father of the victim, who is the original complainant, has alleged that the daughter, aged about 14 years, as mentioned in the FIR, was induced by the present appellant and thereby, committed an offence. It is asserted in the complaint that while respondent No.2 whose family was sleeping in the house around 10.00 PM in the night, respondent No.2 and his wife had gone i

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