The State Of Madhya Pradesh vs Sunil Meena
2022 Latest Caselaw 1893 MP

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         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.18707/2020
            (STATE OF M.P. VS. SUNIL MEENA)

                    Through Video Conferencing

Gwalior, Dated : 10/02/2022

      Shri C.P.Singh, learned counsel for the applicant/State.

      None for the respondent.

Heard on the question of admission.

The record of the Court below has been received.

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

seeking leave to file appeal against the judgment of acquittal dated

11/02/2020 passed by Special Judge (POCSO Act)/Second

Additional Sessions Judge, Guna in Special Case No.08/2020, by

which the respondent has been acquitted for offence under Sections

354 and 506 part-II of IPC and Section 7/8 of the POCSO Act, 2012.

It is submitted by the counsel for the applicant that the Court

below has rejected the evidence of the prosecutrix on flimsy ground.

It is well settled principle of law that in the cases where the pride of

her family is involved, the people generally do not rush to the police

station for lodging the FIR.

Considering the evidence of the prosecutrix as well as

submissions made by the counsel for the State, this Court is of the

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

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

judgment dated 11/02/2020 passed by Special Judge (POCSO

THE HIGH COURT OF MADHYA PRADESH MCRC No.18707/2020 (STATE OF M.P. VS. SUNIL MEENA)

Act)/Second Additional Sessions Judge, Guna in Special Case

No.08/2020.

The office is directed to register this case as criminal appeal.

The appeal being arguable, is admitted for final hearing.

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

appearance of the respondent before the Registry of this Court on

22/08/2023 and all the other dates, which may be given by the

Registry in this regard.

With aforesaid observation, the present application filed under

Section 378(3) of Cr.P.C. is finally disposed of.

                                                                       (G.S. Ahluwalia)
Pj'S/-                                                                       Judge
         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.02.10
         14:41:12 -08'00'