The State Of Madhya Pradesh vs Pramod @ Khelu
2022 Latest Caselaw 6096 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. 53969 of 2021

        Between:-
        THE STATE OF MADHYA PRADESH THR. ITS
        POLICE STATION SHAHPURA DINDORI (MADHYA
        PRADESH)

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

        AND

        PRAMOD @ KHELU S/O KANDHAI SINGH PARASTE
        ,   AGED   ABOUT     24   YEARS, VILLAGE
        KHAIRBHGADU P.S. SHAHPURA DISTT. DINDORI
        (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 under Section 378(III) of Cr.P.C. against the impugned judgment dated 13/08/2021 passed by Special Judge (POCSO) Act, Dindori in S.T. No.76/2018.

Shri Pramod Thakre, learned Government Advocate by taking this Court to the prosecution story submits that a minor girl was sexually assaulted by the accused person. The case is based on circumstantial evidence. The circumstance in which recovery of stone and blood stained clothes were recovered from the respondent/accused person and no explanation was given by him leads to his involvement. Apart from this, the DNA report also suggest and connect the respondent with the commission of crime. The Court below has committed an error in granting acquittal to the respondent.

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 M.Cr.C 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 for his appearance before the Registry.

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

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




Signature Not Verified
  SAN




Digitally signed by MANJU CHOUKSEY
Date: 2022.04.26 15:50:11 IST