The State Of Madhya Pradesh vs Yash Jain
2022 Latest Caselaw 2926 MP

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           THE HIGH COURT OF MADHYA PRADESH
                        MCRC No. 20014/2020
               (STATE OF MADHYA PRADESH Vs YASH JAIN)


Gwalior, Dated : 02-03-2022

        Smt. Anjali Gyanani, Counsel for applicant/State.

        Heard on the question of admission.

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

seeking leave to file appeal against the judgment of acquittal dated

28.02.2020 passed by the Special Judge (POCSO Act)/Second

Additional Sessions Judge, Guna, District Guna in Special Case

No.10/2019, by which the respondent has been acquitted of the charge

under Sections 354, 354-A and 323 of IPC and Section 7/8 of the

POCSO Act, 2012.

It is submitted by Counsel for the applicant that the Trial Court

has wrongly disbelieved the evidence of prosecutrix (PW-2) merely on

the ground that the eye witnesses have not supported the prosecution

case.

Considering the submissions made by Counsel for applicant as

well as reasons assigned by the Trial Court, this Court is of the

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

Accordingly, the State is granted leave to file appeal against the

impugned judgment dated 28.02.2020 passed by the Special Judge

(POCSO Act)/Second Additional Sessions Judge, Guna, District Guna

in Special Case No.10/2019.

Office is directed to register this case as Criminal Appeal.

The Criminal Appeal being arguable is admitted for final

THE HIGH COURT OF MADHYA PRADESH MCRC No. 20014/2020 (STATE OF MADHYA PRADESH Vs YASH JAIN)

hearing.

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

Twenty Five Thousand only) for appearance of the respondent before

the Registry of this Court on 27.04.2023 and on all other dates which

may be given by the Registry in this regard.

With aforesaid observation, the present application is finally

disposed of.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.03.02 18:00:50 +05'30'