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2022 Supreme(Guj) 239

B.N.KARIA
Jaimin – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant : Mohddanish M. Barejia.
For the Respondents: Hardik Soni, APP.

JUDGMENT :

B.N. Karia, J.

ORDER IN CRIMINAL APPEAL NO. 411 of 2022

1. By preferring this appeal, appellant has requested to quash and set aside the judgment and order sentencing the applicant vide order dated 01.02.2022 passed in POCSO Case No. 39 of 2020 by learned Special POCSO Judge, Court No. 21, City Civil & Sessions Court, Ahmedabad and requested to acquit him from the charges levelled against him.

2. Heard learned advocate for the appellant and learned APP for the respondent-State.

3. Learned advocate for the appellant submits that the judgment and order of conviction and sentence passed by the learned Judge is contrary to law, against the provisions of statute and against the evidence on record. That, there are considerable numbers of discrepancies in the testimonies of the prosecution witnesses through which it can be said that the case of prosecution cannot be relied upon. That, the complainant P.W. 1 is not an eye witness and in his deposition, he stated that on previous occasion the appellant had teased his daughter regarding which the settlement had taken place in police station and complaint was not filed while the same is not disclosed in the FIR. That, the victim girl PW

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