The State Of Madhya Pradesh vs Dharmesh Soni
2021 Latest Caselaw 3108 MP

                                                        1                           MCRC-20476-2020
                              The High Court Of Madhya Pradesh
                                        MCRC-20476-2020
                                       (THE STATE OF MADHYA PRADESH Vs DHARMESH SONI)

                      4
                      Jabalpur, Dated : 08-07-2021
                            Heard through Video Conferencing.
                            Shri Akhilendra Singh, learned Panel Lawyer for the applicant/State.
                            Shri Sudhir Shrivastava, learned counsel for the respondent No.1.

Heard on the question of grant of leave to appeal. This is an application for grant of leave to appeal filed under Section

378(3) of Cr.P.C. on behalf of State against the judgment of acquittal dated 19.12.2019 passed by Special Judge, (POCSO Act)/11th Additional Sessions Judge, Jabalpur in Special Case No.80/2018.

As per prosecution story respondent/accused used to follow the complainant's minor daughter i.e. prosecutrix aged about 16 + years with bad intentions and also used to pass filthy comments. On the date of incident i.e. 05.05.2018 (when complainant and her husband were out of station) at about 20-20.10 pm when prosecutrix was returning home through Sarafa, applicant near Sarafa Chowk attempted to contact her and threatened her to viral the

recorded conversation with him and to kill her father, if she will not talk and contact him.

Considering the statement of complainant (PW-1) as well as prosecutrix (PW-2), prosecution story appears to be doubtful as complainant (PW-1) herself stated in paragraph-4 of her statement (27.07.2018) that for last 2 years prosecutrix was going to her school by a closed Van. She has also stated in her statement in same paragraph that prosecutrix told her that she was talking with the applicant for last 5 to 6 months. Therefore, the allegation against the applicant that applicant used to stalk the prosecutrix while she was going to school appears to be very doubtful. Complainant (PW-1) as well as prosecutrix (PW-2) both have stated that prosecutrix did

Signature Not not have her own mobile phone during that period, therefore the allegation SAN Verified

Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.07.09 11:30:36 IST 2 MCRC-20476-2020 against the applicant with regard to threatening the prosecutrix on telephone appears to be doubtful. Complainant (PW-1) and prosecutrix (PW-2) have nowhere specifically stated in their statement that on what date and time, which filthy comments were passed by the applicant to the prosecutrix.

Trial Court considering the aforesaid facts acquitted the applicant from the charges levelled against him. In view of aforesaid, so also assigning the

reasons, the trial Court has rightly acquitted the applicant. No case is made out to interfere with impugned judgment passed by the trial Court and therefore, the application for grant of leave to appeal has no merit and is accordingly, dismissed.

                                                                 (SATYENDRA KUMAR SINGH)
                                                                          JUDGE


                      RC




Signature
 SAN      Not
Verified

Digitally signed by
MRS RASHMI
CHIKANE PASWAN
Date: 2021.07.09
11:30:36 IST