The State Of Madhya Pradesh vs Premshankar @ Raju Kushwaha
2022 Latest Caselaw 1504 MP

                                  1
  IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                              BEFORE
                  HON'BLE SHRI JUSTICE SUJOY PAUL
                                 &
             HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                       ON THE 2nd OF FEBRUARY, 2022

               MISC. CRIMINAL CASE No. 806 of 2020

        Between:-
        THE STATE OF MADHYA PRADESH THR. ITS
        S.H.O. P.S. GOHALPUR JABALPUR (MADHYA
        PRADESH)

                                                               .....PETITIONER
        (BY Shri S.K. Kashyap, learned Government Advocate for the
        applicant/State )

        AND

        PREMSHANKAR @ RAJU KUSHWAHA S/O
        SURESH KACHI , AGED ABOUT 27 YEARS,
        KUDWARI   AMKHERA    P.S. GOHALPUR
        (MADHYA PRADESH)

                                                            .....RESPONDENTS


                    (Heard through Video Conferencing)
      This leave to appeal is coming on for admission this day, Justice
Arun Kumar Sharma passed the following:
                                   ORDER

Heard on the question of admission.

Applicant/State has preferred this application under Section 378(3) of the Cr.P.C. for grant of leave to appeal against the judgment dated 25/09/2019 passed by Special Judge (POCSO Act), Jabalpur in Special Case No. 103/2017, whereby the respondent/accused has been acquitted from the charge under Sections 376(2)(n), 376(2)(f) and 506(II) of the IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

Having heard learned counsel for the applicant and perused the record. After considering the statements of the prosecutrix (PW-1), her mother (PW-2) and Dr. Shikha Bhatnagar (PW -7) coupled with the medical evidence available on record and so also the fact that the presumption under Section 29 of the POCSO Act, 2012 is attracted in the present case, this Court is of the

view that it is a fit case, in which leave to appeal can be granted. Accordingly, this petition is allowed and leave to appeal is granted. The appeal be filed, as a consequence, of this order be registered and processed as per rules as admitted.

Let a bailable warrant in the sum of Rs.25,000/- be issued against the

respondent/accused. He is also directed to furnish bail bonds in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the concerned CJM/trial Court for his appearance before the Registry of this Court on 27/06/2022 and on all such other dates as may be fixed by the Registry in this behalf during the pendency of this appeal.

With the aforesaid, this petition stands allowed and disposed of.

                                          (SUJOY PAUL)                                 (ARUN KUMAR SHARMA)
                                          JUDGE                                                      JUDGE
                                    skt




Signature Not Verified
  SAN




Digitally signed by SANTOSH KUMAR
TIWARI
Date: 2022.02.03 14:06:27 IST