ORAL ORDER

(PER : HONOURABLE MR. JUSTICE SANDEEP N. BHATT)

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 23.12.2021 passed by the learned Additional Sessions Judge and Special Judge (POCSO), Mehsana in Sessions Case No.37 of 2018 for the offences under Sections 363, 366 and 376 of the Indian Penal Code and Sections 4, 6 and 8 of the Protection of Children from Sexual Offences Act, 2012, 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) inter alia challenging the judgment and order of acquittal in favour of the respondent accused.

2. The facts as per prosecution case are that, on 30.03.2018 at about 3:30 p.m., the victim has told his father that she will go to the bank for withdrawal of money. Since the victim has not returned back to the home till evening, the complainant – father of the victim has inquired in the bank and at other places, however the victim was not found. Therefore, he has told about this incident to his nephew Manish. They both – complainant – father of the victim and Manish went to the marke