The State Of Madhya Pradesh vs Soma
2022 Latest Caselaw 6090 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                   BEFORE
                           SHRI JUSTICE SUJOY PAUL
                                      &
                     SHRI JUSTICE DWARKA DHISH BANSAL
                           ON THE 25th OF APRIL, 2022

                MISC. CRIMINAL CASE No. 45324 of 2020

        Between:-
        THE STATE OF MADHYA PRADESH THR. P.S.
        KHALWA DIST. KHANDWA (MADHYA PRADESH)

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

        AND

        SOMA S/O SHRI SUKHRAM KARDE, AGED ABOUT
        21 YEARS, R/O. VILL. DOGALIYA P.S. KHALWA,
        DIST. KHANDWA (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(3) of

Cr.P.C. against the impugned judgment dated 08.08.2020 passed by Special Judge, Protection of Children from Sexual Offences Act, 2012, Khandwa in S.C. No.51/2018 acquitting the respondent from the charges punishable under Sections 363, 366, 376(2)(i) of Indian Penal Code and Section 3/4 of the Protection of Children from Sexual Offences Act, 2012 .

B y taking this Court to the prosecution story Shri S.K. Kashyap learned Govt. Advocate submits that father of prosecutrix informed the Police Station Khalwa to the effect that in the intervening night of 18/19.06.2017 her minor daughter/prosecutrix was kidnapped by somebody, who was found from the possession of accused/respondent. After investigation police registered the FIR against the respondent for the offences punishable under Sections 363, 366, 376(2)

(i) of IPC and Section 3/4 of the POCSO Act.

Learned Government Advocate submits that the learned trial Court, vide

paragraph 24 of its judgment found that the prosecutrix is minor of the age of 14 years 10 months and without properly considering the oral and documentary evidence available on the record has acquitted the accused respondent whereas sufficient evidence is available on record to hold the accused guilty 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 of Rs. 25,000/- (Rupees Twenty five thousand only) to the respondent for a date to be fixed by the Registry.

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

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




SWETA SAHU
2022.04.26 16:24:09 +05'30'