State Of M.P. vs Man Singh
2022 Latest Caselaw 9983 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 20th OF JULY, 2022

               MISC. CRIMINAL CASE No. 33859 of 2021

         Between:-
         STATE OF M.P. THROUGH ITS P.S. GANJ BAITUL
         DISTT. BAITUL (MADHYA PRADESH)

                                                               .....PETITIONER
         (BY SHRI S.K. KASHYAP, GOVERNMENT ADVOCATE)

         AND

         MAN SINGH S/O SHRI JHAMSU IRPACHE, AGED
         ABOUT 22 YEARS, R/O BHAYAWADI, P.S. GANJ
         BAITUL, DISTT. BAITUL (MADHYA PRADESH)

                                                             .....RESPONDENT
         (NONE)

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

Heard on application seeking leave to file appeal under Section 378 (3) of

Cr.P.C. against the judgment of acquittal dated 19.02.2021 passed by Additional Special Judge, (Protection of Children from Sexual Offences Act, 2012), Baitul, District Baitul (MP) in S.C. No.26/2018.

Learned Government Advocate for the applicant/State submits that in the previous matter i.e. M.Cr.C. No.32696/2021, this Court has passed a detailed order. Legal submission in the present case is also the same. The court below disbelieved the date of birth mentioned in the school register solely on the ground which was prima-facie not accepted by this Court. Learned

Government Advocate further submits that DNA report was positive yet respondent was acquitted.

We have heard learned counsel for the applicant/State at length. In M.Cr.C. No.32696/2021 this Court passed the following order:-

"Heard on application seeking leave to file appeal under Section 378 (3) of Cr.P.C. against the judgment of acquittal dated 02.02.2021 passed by 3rd Additional Sessions Judge, Linked Court Amala, District Betul in S.T. No.172/2018.

Learned counsel for the State submits that as per prosecution story, the prosecutrix left her house on 08.03.2018 at 8:00 AM to attend her school but did not return till late night. Later on, the victim was recovered from the possession of the respondent/accused. During trial, the admission register was produced by Narendra Kumar Chilhate (PW-10), who was working as In- charge Headmaster. The date of birth of prosecutrix is recorded in the admission register as 06.06.2002. The register was produced by a government employee from proper custody. Thus, requirement of Section 35 of Evidence Act was fulfilled. The court below disbelieved it solely on the ground that mother of prosecutrix Munnibai (PW-2) deposed that she mentioned the date of birth which was in turn recorded on the basis of her own. Learned Government Advocate for the applicant/State further submits that DNA report was positive yet respondent was acquitted. Criticizing this finding, learned Government Advocate submits that once date of birth recorded in the school admission register is proved, the court below should not have insisted for any further proof. We have heard learned counsel for the State at length. Prima-facie, we find substance in his argument that once the admission register and entry therein is proved, the court below was not required to go beyond or

behind the said entry.

Considering the aforesaid and subject to hearing the other side, leave is granted. The matter be converted into criminal appeal.

Let a bailable warrant of Rs.25,000/- be issued against the respondent for a date to be fixed by the Registry for securing his presence before the Registry. M.Cr.C. stands disposed off."

For the reasons stated in the said case, leave is granted. The M.Cr.C. be converted into criminal appeal.

Let a bailable warrant of Rs. 25,000/- be issued against the respondent for a date to be fixed by the Registry for securing his presence before the Registry.

M.Cr.C. stands disposed off.

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




Signature Not Verified
  SAN




Digitally signed by KAFEEL AHMED
ANSARI
Date: 2022.07.21 16:10:25 IST