The State Of Madhya Pradesh vs Harishankar Patel
2022 Latest Caselaw 6078 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 25th OF APRIL, 2022

                                     MISC. CRIMINAL CASE No. 46875 of 2021

                              Between:-
                              THE STATE OF MADHYA PRADESH THROUGH ITS
                              P.S. JABERA DISTT. DAMOH (M.P.) (MADHYA
                              PRADESH)

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

                              AND

                              HARISHANKAR PATEL S/O BABULAL PATEL, AGED
                              ABOUT 22 YEARS, R/O VILLAGE MAILI GHANA P.S.
                              JABERA, DISTT. DAMOH (M.P.) (MADHYA
                              PRADESH)

                                                                                 .....RESPONDENTS


                            This application coming on for hearing. this day, JUSTICE DWARKA
                      DHISH BANSAL passed the following:
                                                        ORDER

Heard on the application seeking leave to appeal under Section 378(III) of Cr.P.C. against the impugned judgment dated 09.06.2021 passed by Special Judge (Protection of Children from Sexual Offences Act, 2012), District Damoh in S.C. No.36/2019 acquitting the respondent from the charges under Sections 376(a)(b) and Section 5(d)/6 of POCSO Act, 2012.

Shri S.K. Kashyap, learned Government Advocate submits that as per the prosecution story on 26/04/2019 at around 7:30 pm, prosecutix's father and mother saw that there is blood on clothes of prosecutrix including injury in her genitals. Thereafter, her parents reached Jabera Hospital for her treatment, from where the girl was referred to the District Hospital Damoh. During treatment, her parents asked the girl then she told that the respondent Signature SAN Not Verified had committed rape with her.

Digitally signed by RASHMI RONALD VICTOR Learned Government Advocate submits that despite recording findings Date: 2022.04.27 17:06:03 IST

about the age in Para 11 of its judgment to the effect that the prosecutrix was below the age of 12 years and further in Para 31 of the judgment to the effect that the DNA also supports the prosecution version, learned court below erred in acquitting the respondent from the charges and prays for grant of leave.

We have heard the learned Government Advocate at length and perused the record.

Prima facie, we find substance in the argument of learned counsel for the State.

Considering the aforesaid, we deem it proper to grant leave. We order accordingly.

The matter be converted into Criminal Appeal. Registry shall issue bailable warrant in the sum of Rs. 25,000/- (Rupees Twenty five thousand only) against the respondent for securing his presence before the Registry on a date to be fixed by the Registry.

Accordingly, this M.Cr.C. is disposed of.

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