ORDER :

ORDER IN CRIMINAL APPEAL NO. 709 OF 2022

1. By preferring this appeal, appellants have requested to quash and set aside the judgement and order dated 21.3.2021 passed in Special (POCSO) Case No. 58 of 2021 by learned Additional Sessions Judge & Special POCSO Judge, Kheda at Nadiad and requested to acquit the appellants from the charges levelled against them.

2. Heard learned advocate for the appellants.

3. Learned advocate for the appellants submits that the complainant comes with the false and fabricated story after 45 days from the alleged offence, as the offence was committed on 20.5.2021 and FIR was registered on 3.7.2021, without any proper explanations about the delay. That, learned Sessions Judge ought to have considered all the disputes and defenses raised by accused during the cross examination more particularly, contradiction came on record during the oral deposition of material witness like victim, particularly in this case learned Sessions Judge has not considered such all the material defense as well as contradiction came on record from the cross examination of complainant and victim. That, the medical evidence produced on record are also not sufficient to establis