JUDGMENT :

S.H. VORA, J.

1. Feeling aggrieved and dissatisfied with the judgment and order dated 28.09.2018 passed by the learned 2nd Additional Sessions and Special Judge, Dahod at Limkheda in Special Case (POCSO) No. 3 of 2018 for the offences under sections 363, 366, 376(N) of IPC and also under sections 3 and 4 of POCSO Act, whereby the respondent accused is acquitted from the aforesaid offence, the applicant-State of Gujarat has preferred this application to grant leave to appeal as provided under section 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code" for short).

2. Short facts of the prosecution case is such that complainant viz. Shri Rameshbhai Pratapbhai Baria, resident of Chundadi Kadai Faliyu, Taluka, Limkheda, District Dahod filed complaint on 22.08.2014 with Randhikpur Police Station against the respondent accused for the offence under sections 363, 366, 376(N) of IPC and under section 3 and 4 of POCSO Act. According to the complainant, on 17.03.2014 due to Holy Festival, his minor daughter and son went to fair at about 10.00 in the morning. T