The State Of Madhya Pradesh vs Sudheer Dubey
2022 Latest Caselaw 6002 MP

                                    1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                 BEFORE
                    HON'BLE SHRI JUSTICE SUJOY PAUL
                                    &
               HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                           ON THE 23rd OF APRIL, 2022

                MISC. CRIMINAL CASE No. 37597 of 2021

        Between:-
        THE STATE OF MADHYA PRADESH THR. S.H.O. P.S.
        S U R K H I DISTT. SAGAR MP DISTT. SAGAR
        (MADHYA PRADESH)

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

        AND

        SUDHEER DUBEY S/O SHRI CHHOTELAL , AGED
        ABOUT 45 YEARS, R/O VILL. BERKHEDI GURU P.S.
        SURKHI DISTT. (MADHYA PRADESH)

                                                                .....RESPONDENTS
        (BY SHRI )

      This application coming on for admission this day, JUSTICE SUJOY
PAUL passed the following:
                                     ORDER

Heard on application filed under Section 378(3) of Cr.P.C on behalf of the appellant/State seeking leave to appeal against the judgment dated 5.3.2021 passed in Special Case No.54/2018.

Learned Government Advocate for the appellant/State submits that as per prosecution story, on 21.3.2018 the prosecutrix was sexually assaulted by the respondent. The victim was a mentally challenged girl of below 12 years. The DNA test report is positive which is evident from para-30 of the judgement. The Court below acquitted the respondent because the certain prosecution witnesses turned hostile. The court below has miserably failed to see the effect of DNA report and impact of Section 29 of POCSO Act in its correct perspective.

We have heard him at length and perused the record.

In our opinion, in view of DNA report, an arguable point is raised; therefore, we deem it proper to grant leave.

Leave is granted and let the matter be converted into criminal appeal.

Let bailable warrant of Rs.25,000/- (Rs. Twenty Five Thousand) be issued against the respondent for securing his presence on a date fixed by the Registry.

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




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Date: 2022.04.26 10:32:45 IST