The State Of Madhya Pradesh vs Babulal
2021 Latest Caselaw 3033 MP

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            THE HIGH COURT OF MADHYA PRADESH
                          MCRC No.29158/2020
                      (STATE OF M.P. VS. BABULAL)

                      Through Video Conferencing

Gwalior, Dated : 06/07/2021

         Smt. Padmshri Agrawal, learned counsel for the applicant/

State.

         Shri Anshu Gupta, learned counsel for the respondent.

The record of the Court below has been received.

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

seeking leave to file appeal against the judgment of acquittal dated

04/01/2020 passed in Special Sessions Trial No.10/2019 by I st

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

District Vidisha for offence under Section 354, 354-A of IPC and

Section 9M/10 of the POCSO Act.

It is submitted by the counsel for the applicant that the

prosecutrix P.W.2 has supported the prosecution case and her

evidence is also supported by the evidence of her relatives. However,

the respondent has been acquitted after giving undue weightage to

minor omissions and contradictions.

Considering the submissions made by the counsel for the

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

grant of leave to appeal. Accordingly, the office is directed to register

this case as criminal appeal.

The appeal being arguable, is admitted for final hearing.

Since, the respondent is being represented by his counsel,

therefore, it is not necessary to issue bailable warrants of arrest. The

respondent is directed to appear before the Registry of this Court on

20/12/2021 and on all other dates, which may be fixed by the

Registry in this regard.

With aforesaid observation, the present application filed under

Section 378 of Cr.P.C. is finally disposed of.

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

PRINCEE BARAIYA 2021.07.07 11:36:17 -07'00'