Citation : 2021 Latest Caselaw 369 MP
Judgement Date : 1 March, 2021
1 CRA-1356-2021
The High Court Of Madhya Pradesh
CRA-1356-2021
(THE STATE OF MADHYA PRADESH Vs LALIT SAKET)
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 the judgment dated 07.01.2020 passed by learned Special
Judge, Rewa (M.P.) in Special Sessions Case No.04/2019, whereby the
learned trial Court acquitted the respondent of the offence punishable under
Sections 341, 354, 354D, 506 of I.P.C. and 11(v)/12 of the POCSO Act.
Learned Panel Lawyer for the respondent/State drew the attention of this Court towards the statements of prosecutrix (PW-1), father of prosecutrix (PW-2) and brother of prosecutrix (PW-3). After going through the statements of these witnesses, it is clearly stated that the appellant used to harass the prosecutrix with ill intention. H.P.Mishra (PW-4), who is a teacher, mentioned that date of birth of the prosecutrix recorded in Scholar Register as 10.07.2001. Therefore, on the date of incident, the prosecutrix was minor.
Having gone through the statements of material prosecution witnesses, 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 19.04.2021.
I n 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 Rs.20,000/- and one solvent surety of the like amount to the satisfaction of the trial Court for his appearance before the trial Court on a date to be fixed by that Court, till disposal of this appeal.
Signature Not Learned trial Court is directed to send a report and inform the SAN Verified
Digitally signed by BIJU Date: 2021.03.02 15:52:34 IST 2 CRA-1356-2021 respondent regarding his appearance on 26.4.2021 before this Court personally or through his counsel for hearing.
I n 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
b
Signature
SAN Not
Verified
Digitally signed by
BIJU
Date: 2021.03.02
15:52:34 IST
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