The State Of Madhya Pradesh vs Manoj Kherua
2022 Latest Caselaw 3329 MP

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                 HIGH COURT OF MADHYA PRADESH
                           MCRC.No.2055/2022
            (The State of Madhya Pradesh Vs. Manoj Kherua)

Gwalior Bench, Dated : 09.03.2022

         Shri Vijay Sundaram, learned Panel Lawyer for the petitioner/

State.

         Shri Ashish Singh Jadoun, learned counsel for the respondent

/accused.

The present application under Section 378 (3) of the Code of

Criminal Procedure, 1973 has been filed by the petitioner/State seeking

leave to appeal taking exception to the judgment of acquittal dated

30.09.2021 passed by Special Judge (POCSO Act), District Guna

whereby acquittal has been recorded in favour of respondent/accused

and he has been acquitted from the charge of offence of rape under

Sections 363, 366, 376 (DA) of IPC and Sections 5 ,y/6 and 5 (J)(ii)/6

of the Prevention of Children from Sexual Offences Act, 2012.

It is the submission of learned counsel for the petitioner/State

that out of the offence of rape, prosecutrix delivered a child and DNA

report indicates that although accused is not the biological father of

that child but new born child is the patrilineal relative of accused

Manoj. Another ground is regarding age of prosecutrix as according to

him, she was minor at the time of commission of offence of rape.

From the perusal of the impugned judgment and record, it

appears that matter deserves to be converted into appeal and deserves

to be heard at length.

HIGH COURT OF MADHYA PRADESH MCRC.No.2055/2022 (The State of Madhya Pradesh Vs. Manoj Kherua)

Resultantly, application stands allowed and leave is granted.

Office is directed to convert the annexed appeal as regular

criminal appeal and place it at appropriate number.

The respondent is directed to furnish bail bonds to the tune of

Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties

of the like amount to the satisfaction of trial Court and thereafter, the

respondent shall regularly appear on the date as fixed by the Registry

of this Court from time to time but it should not be more than twice in

a year.

Copy of appeal memo and documents be supplied to the

respondent/accused within seven days.

After conversion of appeal, matter be placed after one week on

hearing on admission.

                           (Anand Pathak)                    (Satish Kumar Sharma)
                              Judge                                   Judge
AK/-
       ANAND KUMAR
       2022.03.09
       18:47:13 +05'30'