The appellate court should not interfere with an acquittal unless the trial court's findings are perverse, contrary to the evidence, or manifestly erroneous. The court should give proper weight to the trial court's assessment of witness credibility, the presumption of innocence, and the benefit of doubt for the accused.

ORDER :

S.H. Vora, J.

1. Feeling aggrieved by and dissatisfied with the judgment and order dated 30.9.2019 passed by the learned 5th Additional District and Sessions Judge, Surat in POCSO Case No.174 of 2017, whereby the respondent accused came to be acquitted for the offences punishable u/s 363, 366, 376(I)(J)(N) of the IPC and u/s 4, 5(L) and 6 of the POCSO Act, 2012, the appellant – original complainant has preferred present criminal appeal u/s 372 of the Code of Criminal Procedure, 1973 (for short “the Code”).

2. Briefly stated, on 7.5.2015 in noon time, the respondent accused has abducted the daughter of the complainant from his lawful guardianship with an intention to commit rape on her and thereafter, committed sexual intercourse without the consent of his daughter and therefore, complaint is lodged at Pandesara Police Station on 9.5.2015. In pursuance of the complaint lodged by the complainant, the investigating agency collected the evidence in form of statement of witnesses and documentary evidence and after having found material against the respondent accused, charge-sheet came to be filed in the Special Court and it came to be registered as Criminal (POCSO) Case No.174 of 2017. The learned trial Court framed the charge at Exh.5 against the respondent accused for the aforesaid offences. The respondent accused pleaded not guilty and claimed trial.

3. In order to bring home the charge, the prosecution has examined 14 witnesses and also produced various documentary evidence before the learned trial Court, more particularly described in para 7 and 8 of the impugned judgment and order.

4. On conclusion of trial, the respondent accused was generally examined under the provisions of Section 313 of the Code and in the further statement, the respondent-accused denied his involvement in the crime and further stated that false case is lodged against him. After hearing both the sides and after analysis of the evidence adduced by the prosecution before the trial Court, the respondent-accused came to be acquitted from the charge of the offences framed against him.

5. We have heard learned advocate Mr. M.K. Trivedi for the appellant. According to learned advocate Mr. Trivedi, the learned trial judge was unnecessarily influenced by the questions with regard to married/unmarried children of the complainant and sequence of the child. According to his submission, number of other children in the family is wholly irrelevant aspect of the case against the respondent accused with regard to the offence under the POCSO Act and other offences under the IPC. Therefore, the reasonings given by the learned trial judge are contrary to law, facts and evidence on record. He has also submitted that there is no any scientific examination of the victim with regard to the age as is being done outside the country. On these broad submissions, learned advocate Mr. Trivedi for the appellant would submit that present appeal may be considered for admission and the judgment and order may be reversed.

6. We have minutely examined the oral and documentary evidence adduced by the prosecution before the trial court and we have heard the submissions of the learned advocate Mr. Trivedi appearing for the appellant at length.

7. It appears that it is the case of the prosecution that the victim’s birth date is 10.1.2001 as per birth certificate Exh.38. It has come on record that the said birth certificate was registered with the competent authority only on 28.1.2016, whereas the alleged incident took place on 7.5.2015. At the same time, it appears that the wife of the complainant has deposed that the victim is her 5th child, whereas in the complaint Exh.19, it is stated by the complainant that he has two sons and two daughters and the victim is his 3rd child. It has also come on record that the victim has studied upto 7th standard, but despite that, the complainant has not produced school leaving certificate. It is relevant to note that as per the deposition of the mother of