The State Of Madhya Pradesh vs Shoukhi Ahirwar
2022 Latest Caselaw 6404 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 28th OF APRIL, 2022

                                      MISC. CRIMINAL CASE No. 61033 of 2021

                              Between:-
                              THE STATE OF MADHYA PRADESH THR. ITS P.S.
                              KHAJURAHO CHHATARPUR (MADHYA PRADESH)

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

                              AND

                              SHOUKHI AHIRWAR S/O FATIA AHIRWAR, AGED
                              ABOUT 65 YEARS, VILLAGE GORA POLICE
                              STATION KHAJURAHO DISTT. CHHATARPUR
                              (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 17.08.2021 passed by Special Judge, Protection of Children from Sexual Offences Act, 2012, Chhatarpur (M.P.) in S.C. No.28/2017 acquitting the respondent from the charges punishable under Sections 342, 376(2)(cha) of Indian Penal Code and Section 5(d)/6 of the Protection of Children from Sexual Offences Act, 2012.

B y taking this Court to the prosecution story Shri Thakre learned Government Advocate submits that on 08/12/2016 at about 1:00pm, the respondent grabbed the hand of the prosecutrix, took her inside his room/house and committed sexual intercourse with her. Upon complaint made on 10/12/2016 by father of prosecutrix, police registered the FIR against the respondent for the offences punishable under Sections 342, 376(2)(cha) of Indian Penal Code and Signature SAN Not Verified Section 5(d)/6 of the Protection of Children from Sexual Offences Act, 2012. Digitally signed by RASHMI RONALD Learned Government Advocate submits that despite finding the age of VICTOR Date: 2022.04.29 17:52:31 IST

prosecutrix to be 11 years and despite the fact that prosecutrix and other witnesses have supported the prosecution story, the learned Court below has acquitted the respondent from the charges, which could not have been done in presence of positive FSL report (Ex.P/18) and presumption available under Section 29 of

POCSO Act 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
RS