The State Of Madhya Pradesh vs Kalla @ Mohsingh Khan
2022 Latest Caselaw 1895 MP

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          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.18728/2020
        (STATE OF M.P. VS. KALLA @ MOHSIN KHAN)

                    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

30/01/2020 passed by Exclusive Special Judge (POCSO Act)/Second

Additional Sessions Judge, Shivpuri in Special Case No.64/2019, by

which the respondent has been acquitted for offence under Section

354 of IPC and Section 7/8 of the POCSO Act, 2012.

It is submitted by the counsel for the applicant that once it was

found proved that the respondent had caught hold the hand of the

prosecutrix, then it is incorrect to say that the prosecution has failed

to prove that the act of the respondent was not with an intention to

outrage her modesty or commit to sexual offence.

Considering the 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 30/01/2020 passed by Exclusive

Special Judge (POCSO Act)/Second Additional Sessions Judge,

THE HIGH COURT OF MADHYA PRADESH MCRC No.18728/2020 (STATE OF M.P. VS. KALLA @ MOHSIN KHAN)

Shivpuri in Special Case No.64/2019.

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
            15:35:06 -08'00'