The State Of Madhya Pradesh vs Son Singh
2022 Latest Caselaw 9830 MP

                                                      1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                   BEFORE
                                      HON'BLE SHRI JUSTICE SUJOY PAUL
                                                      &
                                HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                              ON THE 18th OF JULY, 2022

                                   MISC. CRIMINAL CASE No. 3908 of 2022

                            Between:-
                            THE STATE OF MADHYA PRADESH, THROUGH
                            POLICE    STATION SAMNAPUR    DISTRICT
                            DINDORI, (M.P.)

                                                                                  .....PETITIONER
                            (BY SHRI S.K.KASHYAP, GOVT. ADV. )

                            AND

                            SON SINGH, S/O SHER SINGH, AGED ABOUT 21
                            YEARS, R/O VILLAGE DAMI TITRAHI POLICE
                            STATION SAMNAPUR (M.P.)

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

                          This application coming on for admission this day, JUSTICE SUJOY
               PAUL passed the following:
                                                       ORDER

Heard on application for grant of leave to appeal filed under Section 378 (3) of the Cr.P.C. by the applicant/State being aggrieved against the impugned judgment dated 30.09.2021 passed by the learned Special Judge, (Protection of Children from Sexual Offence Act) Dindori in ST. No.78/2019, whereby the learned trial Court acquitted the respondent/accused for committing the offence punishable under Section 341, 376, 376 (3), 506 of IPC and Section 4, 6 of Protection of children from Sexual Offences Act. Signature Not Verified Signed by: BASANT KUMAR SHRIVAS Signing time: 7/19/2022 10:50:22 AM Learned counsel for the State submits that as per prosecution story on

6.6.2019 the prosecutrix aged 14 years was sexually assaulted by the respondent. The court below despite production of admission register from proper custody did not agree with the specific date of birth recorded, i.e.1.7.2006. The DNA report shows that the prosecution could establish its case based on scientific evidence. The court below committed an error in acquitting the respondent.

We have heard the Government Advocate at length and perused the record.

In view of aforesaid arguments, we prima facie find substance that once the admission register was produced from proper custody and prosecution

could establish its case based on DNA report, certainly a case for leave is made out.

Accordingly, leave is granted.

The Registry is directed to convert this matter into Criminal Appeal. Let bailable warrant of arrest in the sum of Rs.25,000/-(Rs. Twenty Five Thousand) be issued to the respondent for a date to be fixed by the Registry for his presence before the Registry.

                 (SUJOY PAUL)                                      (PRAKASH CHANDRA GUPTA)
                    JUDGE                                                   JUDGE
               bks




Signature Not Verified
Signed by: BASANT
KUMAR SHRIVAS
Signing time: 7/19/2022
10:50:22 AM