ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

Rule. Learned Advocate, Mr. Dagli, waives service for Respondent No.1 and though served, none has put-in appearance on behalf of Respondent No.2.

1. Present application is filed, seeking leave to appeal, with the following prayer;

“(7) …

(a) YOUR LORDSHIPS may be pleased to grant leave to prefer an appeal against judgment and order of acquittal dtd.

26.7.2022 passed by the court of learned Addl. Sessions Judge & Special Judge (Atro.), Jetpur at Rajkot in Special (Atro.) Case no. 8/2018, acquitting opponent No.1 for the offence under sec. 376(2)(J)(L) of IPC and sec. 3(1)(W), 3(2)(5) of the Prevention of Atrocities Act, 1989; ”

2. Learned APP, Mr. Jayswal, submitted that according to prosecution case on 14.05.2018 at village Khirsara, Taluka: Jetpur, prior to five months from the date of incident though it was within knowledge of accused that daughter of complainant, aged about 30 years is mentally disable and not able to speak has been sexually abused by accused by taking benefit of her loneliness and made her pregnant while she was going to bring water from the Vadi of present respondent and thereby outraged the modesty of a woman b