ORAL ORDER

(PER : HONOURABLE MR. JUSTICE S.H.VORA)

1. Feeling aggrieved and dissatisfied with the judgment and order dated 24/09/2021 passed by the learned Additional Sessions Judge & Special POCSO Judge, Dist: Botad in Special (POCSO) Case No.14 of 2019 for the offences under sections 363, 366 and 376 of IPC and u/s 4, 6, 8 and 12 of the POCSO Act, 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. According to prosecution case, the complainant’s daughter aged about 14 years and 10 months was staying at Village Babarkot at her maternal uncle home. As the victim did not return at home till late night of 23/12/2018, search was made and as she was not found, complaint came to be lodged by victim’s mother–Rekhaben on 28/12/2018. It is the case of the prosecution that prior to incident dated 23/12/2018, respondent-accused abducted the complainant’s daughter and therefore inquiry was made at the house of the respondent- accused; but he was also not foun