The State Of Madhya Pradesh vs Pramod Yadav
2022 Latest Caselaw 6091 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. 57581 of 2021

        Between:-
        THE STATE OF MADHYA PRADESH THR. ITS
        POLICE STATION UCHEHARA DISTT-SATNA
        (MADHYA PRADESH)

                                                             .....PETITIONER
        (BY SHRI PRAMOD THAKRE, GOVERNMENT ADVOCATE )

        AND

1.      PRAMOD YADAV S/O SHRI JAGDISH YADAV ,
        AGED ABOUT 23 YEARS, R/O VILLAGE MANTOLA,
        POLICE   STATION    UCHEHARA     (MADHYA
        PRADESH)

2.      SANTOSH YADAV S/O SHRI RAMSAJEEVAN YADAV
        , AGED ABOUT 24 YEARS, VILLAGE MIRGOTI,
        POLICE STATION RAMNAGAR, DISTT. (MADHYA
        PRADESH)

                                                          .....RESPONDENTS


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

Heard on the application seeking leave to appeal filed under Section 378(III) of Cr.P.C. against the impugned judgment dated 19/07/2021 passed in S.C. No.06/2019.

As per prosecution story, the prosecutrix a minor was sleeping at her own residence. At about 11:30 p.m., the prosecutrix's relatives Pawan Yadav, Pramod Yadav, Santlal Yadav and one another person allegedly entered the house of the prosecutrix and by pressing handkerchief on her nose which was pregnant with some material because of which she lost her consciousness, took her with them. When she gained consciousness, she realized that she was subjected to rape and came back and reported the matter to the family

members. She was subjected to medical examination. The requisite slides of victim and those of respondents were sent for FSL examination.

Shri Thakre, learned Government Advocate criticized the impugned judgment of acquittal and contended that the statements of prosecutrix

recorded under Sections 161 and 164 of the Cr.P.C. are inconsistent in contrast with the Court statement. In Court's statement, she took the name of respondents but in previous two statements she did not take the name of respondents. He submits that her Court statement is sufficient to hold the respondents as guilty. The FSL report although does not establish that in the slide of prosecutrix any human spermatozoa is found, however, the fact remains that factum of rape is established because of statement of the prosecutrix.

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

We feel that sufficiently arguable case is made out. 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) against each of the respondents for a date to be fixed for their appearance before the Registry.

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

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




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Digitally signed by MANJU CHOUKSEY
Date: 2022.04.26 15:50:12 IST