The State Of Madhya Pradesh vs Manusukh Gound
2022 Latest Caselaw 1703 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 7th OF FEBRUARY, 2022

               MISC. CRIMINAL CASE No. 26840 of 2020

        Between:-
        THE STATE OF MADHYA PRADESH THR. ITS
        P.S. P.S. PATAN DIST. JABALPUR (MADHYA
        PRADESH)

                                                               .....PETITIONER
        (BY SHRI Akshay Pawar, Panel Lawyer for the State)

        AND

        MANUSUKH GOUND S/O LATE SHRI GOPI
        GOUND , AGED ABOUT 50 YEARS, POUDI
        (UDANA) P.S. PATAN DIST. JABALPUR
        (MADHYA PRADESH)

                                                             .....RESPONDENTS


                     (Heard through Video Conferencing)
      This MCRC coming on for admission on 7th Day of Feb, 2022
JUSTICE Arun Kumar Sharma passed the following:
                                    ORDER

Heard.

This MCRC has been filed under Section 378 (3) of the Cr.PC for leave to appeal against the acquittal of the respondent Mansukh Gound for the offence punishable under Sections 377/511 of the IPC and also under Sections 7/8 of the POCSO Act in Crime No.283/2019.

The case of the prosecution in nutshell is that the complainant lodged a report against the respondent accused that on 30/4//2019 the son of the complainant had told her mother that he was under pain in the anal part. The son of the complainant said that on 26.4.2019 accused Mansukh Gaund he went to his shop for buying cucumber. Thereafter, accused respondent called the son of the complainant and turned off their clothes and thereafter inserted his penis in the anal part of the victim. Thereafter, the victim screamed and the

accused respondent threatened the victim boy that if he will disclose the matter to anyone, he would kill him.

Learned counsel for the State submits that the the judgment passed by the trial Court is illegal and contrary to the law. The trial Court has not appreciated the evidence of the witnesses. Court below has also not relied upon the oral and documentary evidence available on record. Merely on

conjectures and surmises the learned Court below has acquitted the respondent Accused in the case, therefore, it has been prayed that the application be allowed.

However, keeping in view the facts and circumstances of the case in their entirety, particularly the fact that the doctor Anurag Antoriya (PW-6) has examined the victim and also the accused respondent, there were no abrasions on the private part of the victim as also the fact that the father of the victim (PW-2) Amit Sen, has also stated in para No.18 of the judgment that the accused respondent used to sell vegetables and there was a credit relation between the respondent accused and the father of the victim, the accused respondent came back and ask for his debts but when the father of the victim declined, the accused used filthy languages and the said report was lodged in the police station by the father and mother of the victim but not with regard to the unnatural sexual offence done against his son by the respondent accused, therefore, in the considered opinion of this court, this is not a fit case for grant of leave to appeal.

Accordingly, it is dismissed.

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




Signature Not Verified
  SAN




Digitally signed by S HUSHMAT HUSSAIN
Date: 2022.02.08 10:37:30 IST