The State Of Madhya Pradesh vs Abhinash Choudhary
2022 Latest Caselaw 5866 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                   BEFORE
                           SHRI JUSTICE SUJOY PAUL
                                      &
                     SHRI JUSTICE DWARKA DHISH BANSAL
                           ON THE 21st OF APRIL, 2022

                MISC. CRIMINAL CASE No. 32778 of 2021

        Between:-
        THE STATE OF MADHYA PRADESH THR. THE
        S.H.O/. P.S.HANUMANTAL DISTT. JABALKPUR MP
        DISTT... JABALPUR MP (MADHYA PRADESH)

                                                                  .....PETITIONER
        (BY SHRI S.K.KASHYAP, GOVERNMENT ADVOCATE )

        AND

1.      ABHINASH CHOUDHARY S/O LATE SHRI BABLU
        CHOUDHARY , AGED ABOUT 21 YEARS,
        OCCUPATION: LABOUR R/O BADI MADAAR TEKRI
        S I N D H I CAMP PS. HAN UM AN TAL DIST T.
        (MADHYA PRADESH)

2.      SHIVA CHOUDHARY S/O LATE SHRI BABULAL
        CHOUDHARY , AGED ABOUT 24 YEARS,
        OCCUPATION: LABOURER BADI MADAAN TEKRI
        SINDHI CAMP PS HANUMANTAL (MADHYA
        PRADESH)

                                                               .....RESPONDENTS


      T h is application coming on for hearing this day, JUSTICE SUJOY
PAUL passed the following:
                                     ORDER

Heard on application filed under Section 378(3) of Cr.P.C. seeking leave to appeal against the judgment dated 24/02/2021 passed by Special Judge (Protection of Children from Sexual Offenes) Act, 2012, Jabalpur in Special Case No.SC/37/2019, whereby both the respondents/accused persons have been acquitted by the Court below.

Learned Government Advocate by taking this Court to para-13 of the judgment submits that Court has given mutually inconsistent and contradictory findings. On the one hand, the Court opined that prosecutix on the date of incident i.e. on 02/03/2019 was around 17 years and was proved to be a child by the prosecution, but on the other hand, in the same para opined that she was not a

child because she was not under 16 years of age on the date of incident. A strong prima facie case is made out.

Considering the aforesaid, in our opinion it is a fit case for grant of leave. Accordingly, leave is granted.

The Registry is directed to convert this M.Cr.C. into Criminal Appeal. Bailable warrant to the tune of Rs.25,000/-(Rs. Twenty Five Thousand) be issued to each of the respondents on a date fixed by the Registry for his appearance before the Registry of this Court.

In view of above, the MCRC stands disposed of.

                                       (SUJOY PAUL)                                         (DWARKA DHISH BANSAL)
                                          JUDGE                                                     JUDGE
                                     manju




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Digitally signed by MANJU CHOUKSEY
Date: 2022.04.22 10:46:21 IST