MANISHBHAI DUDABHAI BARAIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal, the present appellant has challenged the judgment and order dtd. 20/1/2022 passed by the learned Special (POCSO Court), 5th Additional Fast Track Court, Surat in Special Case (POCSO) No. 187 of 2018, wherein the appellant was charged for the offence punishable under Ss. 354(A)1-(i)(ii), 354(c), 354(D)(1)(i) and 506 of the Indian Penal Code and Ss. 11(1)(2) and 12 of the Protection of Children from Sexual Offences Act, 2012 and the appellant has been tried for the said offence and at the conclusion of the trial, the learned Special (POCSO Court) convicted the appellant for three years regular imprisonment.

(2.) Heard leaned advocate for the appellant.

(3.) It is submitted by learned advocate for the appellant that the FIR is late by 11/12 days and an FIR was registered by the father of the prosecutrix against the appellant regarding some scuffle. It is further submitted that in furtherance of that scuffle, the present FIR was registered and there are no independent witnesses. It is further submitted that the locality is densely populated and the prosecution could have easily examined any independent witness and the alleged incident occurred in an apartment having 3 apartments on the same floor. It is further submitted that as per the prosecution case, one chit was given to the prosecutrix containing a phone number of the accused, however, no chit was ever produced during the trial. It is further submitted that there was no panchnama of the spot of incidence.