The State Of Madhya Pradesh vs Sunil Khangar
2021 Latest Caselaw 4415 MP

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         THE HIGH COURT OF MADHYA PRADESH
                        MCRC No.35353/2021
                (STATE OF M.P. VS. SUNIL KHANGAR)

Gwalior, Dated : 17/08/2021

      Shri C.P.Singh, learned counsel for the applicant/ State.

      None for the respondent.

The record of the Court below has been received.

This application under Section 378(3) of Cr.P.C. has been filed

seeking leave to file appeal against the judgment of acquittal dated

17/03/2021 passed by First Additional Sessions Judge/ Special Judge

(POCSO), Ganj Basoda, District Vidisha in Special Sessions Trial

No.07/2016, by which the respondent has been acquitted for offence

under Sections 354(A)(1) and 354 of IPC and Section 9M/10 of the

POCSO Act, 2012.

It is submitted by the counsel for the applicant that the Trial

Court has disbelieved the evidence of the prosecutrix only on the

ground that she is a child witness, about 12 years and in her previous

statement, she had not identified the respondent. However, it is

submitted that the respondent was arrested on the spot. It is further

submitted that the prosecutrix was not confronted with her statement

recorded under Section 164 of Cr.P.C. and in view of the Section 145

of Evidence Act, unless and until, the attention of witness is drawn to

his or her previous statement, the accused cannot be given the benefit

of omissions and contradictions.

Considering the totality of the facts and circumstances of the

case, coupled with the fact that the attention of the prosecutrix was

never drawn towards her previous statements, this Court is of the

considered opinion that this is a fit case for grant of leave to appeal.

Accordingly, leave is granted to file an appeal against the impugned

judgment dated 17/03/2021 passed by First Additional Sessions

Judge/ Special Judge (POCSO), Ganj Basoda, District Vidisha in

Special Sessions Trial No.07/2016.

The office is directed to register this case as criminal appeal.

The appeal being arguable, is admitted for final hearing.

Issue bailable warrant in the sum of Rs.25,000/- for the

appearance of the respondent before this Court on 27/09/2021, if

possible, the matter shall be heard finally.

With aforesaid observation, the present application filed under

Section 378(3) of Cr.P.C. is finally disposed of.

(G.S. Ahluwalia) Judge Pj'S/-

Digitally signed by PRINCEE BARAIYA

PRINCEE DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011,

BARAIYA st=Madhya Pradesh, 2.5.4.20=ce88aa5b434891871d72ac98 4b02d2ddd305c37fea4a35278b8e9753 5318b1b3, cn=PRINCEE BARAIYA Date: 2021.08.18 15:05:32 -07'00'