The State Of Madhya Pradesh vs Parsingh
2022 Latest Caselaw 8931 MP

                                                                      1
                                                IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT INDORE
                                                                   BEFORE
                                                HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                                              ON THE 5th OF JULY, 2022

                                                 MISC. CRIMINAL CASE No. 52628 of 2020

                                           Between:-
                                           THE STATE OF MADHYA PRADESH STATION
                                           HOUSE OFFICER THR P.S. CHANDRA SHEKHAR
                                           AZAD NAGAR (MADHYA PRADESH)

                                                                                                   .....PETITIONER
                                           (BY MS GEETANJALI CHOURASIA, PANEL LAWYER )

                                           AND

                                           PARSINGH S/O NARSINGH , AGED ABOUT 19
                                           YEARS, GRAM BADA KHUTAJA THANA JOBAT
                                           (MADHYA PRADESH)

                                                                                                .....RESPONDENTS
                                           (NONE FOR THE RESPONDENT)

                                         This application coming on for orders this day, th e court passed the
                                   following:
                                                                       ORDER

This petition seeking leave to appeal has been filed by the petitioner/State u/S 378(3) of Cr.P.C. against the judgment of acquittal dated 23.09.2020

pronounced by the Additional Judge to the Court of Additional Sessions Judge, Jobat, Alirajpur in S.C. 9/2020 whereby the respondent has been acquitted from the charges framed u/S 354 of IPC and Sec 7/8 of Protection of Children from Sexual Offences Act, 2012.

Prosecution case in brief is that on 18.01.2018 at about 17:00 p.m., when Signature Not Verified SAN minor prosecutrix alongwith her friend was returning from school, respondent Digitally signed by SEHAR HASEEN Date: 2022.07.08 15:21:58 IST met her at waiting room of bus stand of Village Bada Khutaja. He came to the

prosecutrix and caught hold of her hand and asked her that he will make her his wife. Thereafter, he dragged her towards Barjhar Road. On being informed by Rekha Madam who was sitting in the bus and had seen respondent doing so, father of the prosecutrix came there and then prosecutrix alongwith her mother and uncle Naval Singh went to the police station Chandrashekhar Azad Nagar and lodged FIR against the respondent.

Learned trial Court framed charges against the respondent for the offences punishable u/Ss 354 of IPC and Sec 7/8 of Protection of Children from Sexual Offences Act, 2012. Respondent abjured his guilt and pleaded his false implication in the matter and trial Court while passing impugned judgment

of acquittal discussed the evidence available on record and arrived at a conclusion that prosecution has failed to prove this fact beyond reasonable doubt as prosecutrix's uncle Naval Singh (PW-4) himself admitted in para 2 of his cross-examination that before the incident, a quarrel took place between the prosecutrix and respondent in the school wherein prosecutrix assaulted the respondent with her slipper near hand pump of school and the instant report was lodged only to defend the prosecutrix.

Being aggrieved by the aforesaid judgment of acquittal, State has preferred this petition u/S 378(3) of Cr.P.C. seeking leave to appeal on the ground that findings recorded by the trial Court to acquit the respondent are illegal, arbitrary and contrary to law, as material evidence adduced by the prosecution has not been properly appreciated.

It is further submitted that prosecutrix's statements are supported by an independent witness Rekha and also by the FIR lodged just after the incident. Signature Not Verified SAN

Learned trial Court has wrongly acquitted the respondent. Hence, this petition Digitally signed by SEHAR HASEEN Date: 2022.07.08 15:21:58 IST

may be allowed and leave to appeal may be granted.

Heard learned counsel for the petitioner/State at length and perused the record.

Prosecutrix (PW-1) in para 3 of her cross-examination has admitted that on the date of incident, right before the incident, a quarrel took place between her and respondent in the school wherein she assaulted respondent with her slipper near handpump in the school. Prosecutrix in para 6 of her cross- examination although denied this fact that she lodged FIR of this case only to save herself from the case which is likely to be lodged by the respondent. However, her uncle Naval Singh in para 2 of his cross-examination has specifically admitted that FIR of this case was lodged only to save the prosecutrix as it was probable that respondent will lodge report against her. Rekha (PW-7) has not supported the prosecution case.

I n the aforesaid circumstances, without any corroborative evidence, it cannot be said that learned trial Court has committed any error in holding that the prosecution has failed to prove the fact beyond reasonable doubt that on the date of incident, respondent intended to outrage the modesty of prosecutrix I n view of the aforesaid discussion, this Court is of the considered opinion, that learned trial Court has rightly recorded the findings to acquit the respondent from the charges framed against him u/Ss 354 of IPC and Sec 7/8 of Protection of Children from Sexual Offences Act, 2012. There is no

perversity or illegality in the findings recorded by the trial Court.

Accordingly, the petition filed u/S 378(3) of Cr.P.C. seeking leave to appeal is hereby rejected.

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.07.08 15:21:58 IST

(SATYENDRA KUMAR SINGH)

JUDGE sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.07.08 15:21:58 IST