The State Of Madhya Pradesh vs Ravi Mishra
2021 Latest Caselaw 5253 MP

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                                                                      MCRC No.29370/2021

          High Court of Madhya Pradesh, Jabalpur
                      Bench at Indore
         Miscellaneous Criminal Case No.29370/2021
                             (The State of Madhya Pradesh
                     through Police Station, Vijay Nagar, Indore MP
                                          Versus
                           Ravi Mishra s/o Yagyaharan Mishra
                          308, Patnipura, Nehru Nagar, Indore)
Indore, Dated 09.09.2021
        Shri Sanjay Karanjawala, learned Government Advocate for

the petitioner / State of Madhya Pradesh.

        Heard on the question of admission.
                                   ORDER

The petitioner / State of Madhya Pradesh has preferred this

petition under Section 378 (3) of Code of Criminal Procedure, 1973

for grant of leave to appeal against judgment dated 6 th February,

2021 passed by learned Special Judge (under POCSO Act, 2012)

Indore, District Indore (MP) in Special Sessions Trial No.2082/2018

wherein the respondent / accused has been acquitted of the charges

for commission of offence punishable under Section 354 (d) [354(?k)]

of the Indian Penal Code, 1860 and also under Section 11 read with

Section 12 of the Protection of Children from Sexual Offence Act,

2012.

2. The case of the prosecution is that the respondent abducted the

victim who is aged 13 years. He also called the victim through

another girl who asked the victim to talk to the respondent / accused.

3. Counsel for the petitioner / State of Madhya Pradesh has

submitted that the learned Judge of the trial Court has erred in

MCRC No.29370/2021

discarding the oral evidence of the victim, who has clearly stated that

the respondent used to stalk to her.

4. On due consideration of the submissions and on perusal of the

record, this Court finds that it is true that the case of the prosecution

is based on the evidence that the petitioner used to talk with the

victim. However, the prosecution has withheld the best evidence

available against the respondent to connect him with the offence,

which is electronic record including the face book account of the

respondent / accused as also of the victim and the telephonic record /

conversation of the phone number 86022-62202 from which another

girl Bulbul called the victim to talk to the respondent / accused.

5. In such circumstances, after going through the impugned

judgment, this Court is of the considered opinion that the learned

Judge of the trial Court has committed no illegality or any

jurisdictional error in passing the impugned judgment.

6. As a result, Miscellaneous Criminal Case No.29370/2021

being devoid of merits is hereby dismissed.

(Subodh Abhyankar) Judge Pithawe RC

RAMESH CHANDRA PITHWE 2021.09.15 14:22:36 +05'30'