The State Of Madhya Pradesh vs Vishal Jirage
2021 Latest Caselaw 368 MP

                                                          1                               CRA-1355-2021
                               The High Court Of Madhya Pradesh
                                          CRA-1355-2021
                                         (THE STATE OF MADHYA PRADESH Vs VISHAL JIRAGE)

                      1
                      Jabalpur, Dated : 01-03-2021
                              Shri Manoj Kumar Jha, learned Panel Lawyer for the appellant/State.
                              Heard on the question of admission.
                              The State has filed this appeal under Section 378(I) of the Cr.P.C.
                      being aggrieved by judgment dated 13.3.2020 delivered by the learned Special
                      Judge (POCSO Act), Jabalpur in Special Case No.14294/2016, whereby the

                      learned trial Court acquitted the respondent of offence punishable under

Sections 354 of IPC and Section 8 of Protection of Children from Sexual Offences Act, 2012, after extending the benefit of doubt.

Learned Panel Lawyer drew the attention of this Court towards the statement of the prosecutrix and her sister, who was the eye witness in the case.

Having gone through the statement of prosecutrix (PW-1) and her sister Sakshi Kushwaha (PW-2), both these witnesses have categorically said that the respondent used to hurled filthy comments against the prosecutrix.

On the date of incident, the respondent hold the hand of the prosecutrix and tried to drag her inside the room with ill intention. When the prosecutrix raised alarm, her mother came at the spot then, then the respondent abused and threatened the prosecutrix and fled away from the spot.

In view of the aforesaid, there appears to be arguable point in this appeal, hence, it is admitted for final hearing.

Let a bailable warrant in the sum of Rs.20,000/- along with copy of this appeal, be issued against the respondent for securing his presence before the trial Court on 19.4.2021.

In case, the respondent appears before the trial Court on the given date, he be released on bail on furnishing a personal bond in the sum of

Signature Not Rs.20,000/- and one solvent surety of the like amount to the satisfaction of SAN Verified

Digitally signed by PUSHPENDRA PATEL Date: 2021.03.02 15:30:50 IST 2 CRA-1355-2021 the trial Court for his appearance before the trial Court on a date to be fixed by that Court, till disposal of this appeal.

Learned trial Court is directed to send a report and inform the respondent regarding his appearance on 26.4.2021 before this Court personally or through his counsel for hearing.

In case, the respondent fails to appear before the trial Court on the

given date, learned trial Court may adopt coercive measures against the respondent for securing his presence and send him to jail, till disposal of this appeal.

List this appeal on 26.4.2021.

                                                              (VISHNU PRATAP SINGH CHAUHAN)
                                                                          JUDGE


                      pp




Signature
 SAN      Not
Verified

Digitally signed by
PUSHPENDRA
PATEL
Date: 2021.03.02
15:30:50 IST