The State Of Madhya Pradesh vs Rahul Nikam
2022 Latest Caselaw 1714 MP

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           THE HIGH COURT OF MADHYA PRADESH
                        MCRC-336-2022
             State of M.P. Vs. Rahul Nikam and Ors.

                     Through video conferencing

Gwalior, Dated: 07.02.2022

      Shri R.K. Awasthy, Counsel for the applicant/State.

      This application under Section 378 (3) of Cr.P.C has been filed

for grant of leave to appeal against the judgment dated 27.08.2021

passed by Second Additional Sessions Judge/Special Judge (POCSO

Act, 2012), Shivpuri in Special Sessions Case No.100086/2016, by

which respondents Rahul and Yashwant Rao have been acquitted of

the charges under Sections 354, 506 (part-II) of IPC and under

Section 7/8 of POCSO Act, 2012 and Banti has been acquitted of the

charges under Section 323, 506 (part-II) of IPC and under Section

16/17 of POCSO Act, 2012.

It is submitted by the Counsel for the applicant that the Trial

Court has wrongly rejected the evidence of the prosecutrix on flimsy

grounds.

Considering the evidence led by the prosecutrix as well as

submissions made by the Counsel for the applicant, this Court is of

the considered opinion that it is a fit case for grant of leave to appeal.

Accordingly, the State is granted leave to file an appeal against the

judgment dated 27.08.2021 passed by Second Additional Sessions

Judge/Special Judge (POCSO Act, 2012), Shivpuri in Special

Sessions Case No.100086/2016.

THE HIGH COURT OF MADHYA PRADESH MCRC-336-2022 State of M.P. Vs. Rahul Nikam and Ors.

The Office is directed to register this case as Criminal Appeal.

Criminal Appeal being arguable is admitted for final hearing.

Issue a bailable warrant in the sum of Rs.25,000/- for

appearance of the respondents before the Registry of this Court on

18.04.2023 and on all other dates which may be given in this behalf.

The M.Cr.C is finally disposed of.

(G.S. Ahluwalia) Judge Abhi ABHISHEK CHATURVEDI 2022.02.08 10:49:48 +05'30'