The State Of Madhya Pradesh vs Saurabh
2021 Latest Caselaw 2901 MP

   1     THE HIGH COURT OF MADHYA PRADESH
                  M.Cr.C. No.27435/2020
                 State of M.P. Vs. Sourabh

                 Through Video Conferencing
Gwalior, Dated:01/07/2021

       Shri Lokendra Shrivastava, Public Prosecutor for the

applicant/State.

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

for grant of leave to appeal against the judgment dated 17/3/2020

passed by Sixth Additional Sessions Judge, Bhind in ST No.12/2020,

by which the respondent has been acquitted for offence under Section

323 and Section 7/8 of the POCSO, Act, 2012.

It is submitted that although the complainant has supported the

prosecution case and the trial court has convicted the respondent for

offence under Sections 354 and 354-A (1) (I) of IPC, but has wrongly

acquitted the respondent for offence under Section 323 and 7/8 of the

POCSO, Act, 2012. It is further submitted that the respondent has

also filed a Criminal Appeal No.5907/2020 against his conviction.

Considering the submissions made by the counsel for the

applicant, this Court is of the considered opinion that it is a fit case

for grant of leave to appeal. Accordingly, the application is allowed.

The office is directed to register this case as a Criminal Appeal.

Also heard on the question of admission.

The appeal being arguable, is admitted for final hearing.

Issue bailable warrant of arrest in the sum of Rs. 25,000/- for 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.27435/2020 State of M.P. Vs. Sourabh

appearance of the respondent before the Registry of this Court on 20-

12-2021 and on all other dates, which shall be given by the Registry

in this behalf.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.07.02 11:21:22 +05'30'