The State Of Madhya Pradesh vs Raja Sai @ Goha Ali
2022 Latest Caselaw 1820 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 9th OF FEBRUARY, 2022

               MISC. CRIMINAL CASE No. 37417 of 2020

         Between:-
         THE STATE OF MADHYA PRADESH THRO. P.S.
         RAHATGARH DISTT. SAGAR M.P. (MADHYA
         PRADESH)

                                                                .....PETITIONER
         (By Shri S.K. Kashyap, learned Government Advocate for the petitioner
         State. )

         AND

1.       RAJA SAI @ GOHA ALI S/O GULAM ALI , AGED
         ABOUT 24 YEARS, WARD NO. 8 RAHATGARH,
         DISTT. SAGAR M.P. (MADHYA PRADESH)

2.       UVESH S/O GORA BABU SHAH , AGED ABOUT
         18  YEARS, WARD NO. 10 RAHATGRAH
         (MADHYA PRADESH)

                                                              .....RESPONDENTS


                      (Heard through Video Conferencing)
       This leave to appeal coming on for admission on 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 17.03.2020 passed by Special Judge (SC/ST Act), Sagar in SCATR No.251/2018, whereby the respondents accused persons have been acquitted from the charge punishable under Sections 363, 366, 376 D and 506 (part-2) and Sections 5 /6 of the POCSO Act and also under Sections 3(1) (w)(1), 3 (2) (5-ka) and 3 (2)(5) of the SC/ST Act.

Learned counsel for the applicant State submits that the prosecutrix has supported the case of the prosecution. He further submits that the

presumption under Sections 28 and 29 of the POCSO Act is attracted in the case as the age of the prosecutrix is below 18 years, therefore, it has been prayed that this M.Cr.C. for grant of leave to appeal be allowed.

Heard learned counsel for the applicant and perused the record. After considering the statements of the prosecutrix (PW-1), coupled with the evidence available on record with regard to the age of the

prosecutrix and so also the fact that the presumption under Sections 28 and 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
                                        sh




Signature Not Verified
  SAN




Digitally signed by S HUSHMAT HUSSAIN
Date: 2022.02.10 11:18:05 IST