The State Of Madhya Pradesh vs Neelesh Malviya
2021 Latest Caselaw 293 MP

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         THE HIGH COURT OF MADHYA PRADESH
                     MCRC-46032-2020
              State of MP Vs. Neelesh Malviya

Gwalior, Dated : 26.02.2021

      Shri Alok Sharma, Counsel for the applicant.

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

against the judgment dated 14.07.2020 passed by First Additional

Sessions Judge/Special Judge POCSO, Ganjbasoda, District Vidisha

in Special Sessions Trial No. 33/2019, by which the respondent has

been acquitted for offence under Sections 363, 366, 354-D of IPC

read with Section 11(iv)/12 of POCSO Act.

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

Court in paragraph 15 of its judgment has come to a conclusion that

the prosecutix is below the age of 15 years. The prosecutrix has

supported the prosecution case and the Trial Court has wrongly given

undue importance to the minor omissions and contradictions in the

evidence of the witnesses.

Considering the submissions made by the counsel for the

applicant as well as considering the reasons assigned by the Trial

Court, it appears that it is a fit case for grant of leave to appeal.

Accordingly, leave is granted and the State is directed to file an

appeal against the impugned judgment.

Office is directed to register this case as a criminal appeal.

The appeal is admitted for final hearing.

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

THE HIGH COURT OF MADHYA PRADESH MCRC-46032-2020 State of MP Vs. Neelesh Malviya

Twenty Five Thousand only) for appearance of the respondent

before the Registry of this Court on 20.12.2021 and on all other dates

which may be given by the Office in this regard.

This application is finally disposed of.

(G.S. Ahluwalia) Judge

Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2021.02.26 16:48:54 +05'30'