The State Of Madhya Pradesh vs Mukesh Malviya
2021 Latest Caselaw 4425 MP

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         THE HIGH COURT OF MADHYA PRADESH
                       MCRC No.35343/2021
               (STATE OF M.P. VS. MUKESH MALVIYA)

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

13/03/2021 passed by First Additional Sessions Judge/ Special Judge

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

No.140/2015, by which the respondent has been acquitted for offence

under Sections 363, 366A, 376(2)(N) of IPC and Section 5L/6 of the

POCSO Act, 2012.

It is submitted by the counsel for the applicant that on the date

of incident, the prosecutrix was minor aged about 17 years. The

prosecution has duly proved her date of birth, but the Trial Court has

wrongly disbelieved the school record of the prosecutrix. Since, the

prosecutrix was minor, therefore, the consent of the prosecutrix is

immaterial. The Trial Court has disbelieved the prosecution witnesses

only on flimsy grounds.

Considering the totality of the facts and circumstances of the

case, 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 13/03/2021 passed by

First Additional Sessions Judge/ Special Judge (POCSO), Ganj

Basoda, District Vidisha in Special Sessions Trial No.140/2015.

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 the Registry of this Court on

23/08/2022 and all the other dates, which may be given by the

Registry in this regard.

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=ce88aa5b434891871d72ac984b 02d2ddd305c37fea4a35278b8e9753531 8b1b3, cn=PRINCEE BARAIYA Date: 2021.08.17 16:04:19 -07'00'