IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR LEAVE TO APPEAL) NO. 9018 of

2024 In R/CRIMINAL APPEAL NO. 1079 of 2024 With R/CRIMINAL APPEAL NO. 1079 of 2024 ==========================================================

STATE OF GUJARAT Versus BHATT RAJENDRAKUMAR KAUSHIKBHAI ==========================================================

Appearance:

PUBLIC PROSECUTOR for the Applicant(s) No. 1 MR MAHESH K POOJARA(5879) for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 09/05/2024

ORAL ORDER

1. Learned APP Ms.Vrunda Shah submits that the age of the prosecutrix was 8 years 1 month who was examined below Exh.11. The evidence of the prosecutrix was supported by the testimony of the mother who was examined below Exh.29 and the father who was examined below Exh.26. Learned APP submits that minor contradictions was given much weightage by the learned trial court like whether the offence was committed during 12-1 hrs or subsequent to that and it is stated that though the offence was committed during the noon the same was disclosed to the parents in the evening.

2. Learned APP Ms.Vrunda Shah submits that except this minor contradiction the evidence of the prosecutrix was consistent in nature. However, the learned trial court has disbelieved the case though it was proved by the prosecution beyond reasonable doubt.

3. Learned APP Ms.Vrunda Shah submits that in addition to the above, learned trial court has assigned the reason while awarding the acquittal that the place of offence is surrounded by residential premise. However, no independent evidence was led by the prosecution before the learned trial court.

4. Learned APP Ms.Vrunda Shah submits that during the noon hours there would be less chances of having the presence of independent witnesses and there were no major reasons stated for false implication on the accused in the offence more particularly, when the age of the prosecutrix is 8 years.

5. Learned APP Ms.Vrunda Shah submits that without any cogent reason the learned trial court has acquitted the respondent-accused and therefore, application for seeking leave to prefer appeal is required to be granted.

6. Considering the submissions, this Court deems it fit to allow this application for seeking leave to prefer an appeal. Hence, present application is allowed. Leave to prefer an appeal is granted.

ORDER IN R/CRIMINAL APPEAL NO.1079 of 2024

1. The appeal is admitted. Learned APP Ms.Vrunda Shah waives service of notice of admission on behalf of the respondent-State.

2. Issue Bailable Warrant in the sum of Rs.5,000/- (Rupees Five Thousand Only) against the respondent-original accused.

3. Record and Proceedings shall be called for. Matter be listed in seriatim. (M. K. THAKKER,J)

NIVYA A. NAIR