The State Of Madhya Pradesh vs Sanjeev
2022 Latest Caselaw 3337 MP

                               1
           THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.20091/2020
                   State of M.P. vs. Sanjeev

Gwalior, Dated : 09/03/2022

      Shri C.P. Singh, Counsel for the applicant/State.

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

seeking leave to appeal against the judgment dated 27.2.2020 passed

by Special Judge (POCSO Act), Shivpuri, District Shivpuri in Special

Case No.60/2019 by which the respondent has been acquitted of the

charges under Sections 454, 354 of IPC and under Section 7/8 of the

POCSO Act, 2012.

It is submitted that the victim has supported the prosecution

case. She has specifically stated that he had caught hold of her hand

with an evil intention and was trying to outrage her modesty.

However, the respondent has been given advantage of the letter

Ex.D/1 and D/2 which was admitted by the prosecutrix to be in her

handwriting. It is submitted that even if letter Ex.D/1 and D/2 are read,

then it is not proved that she has offered for physical contact. At the

most it can be said that she was in love with the applicant and being in

love cannot be presumed to be an offer to outrage her modesty or to

involve in physical activities.

Considering the submissions made by the counsel for the

applicant, 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

an appeal against the impugned judgment dated 27.2.2020 passed by

THE HIGH COURT OF MADHYA PRADESH MCRC No.20091/2020 State of M.P. vs. Sanjeev

Special Judge (POCSO Act), Shivpuri, District Shivpuri in Special

Case No.60/2019.

The Office is directed to register the case as criminal appeal.

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 11.7.2022 and on all other dates which

may be given by the Registry in this regard.

With aforesaid observation, this M.Cr.C. is finally disposed of.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2022.03.09 18:01:11 +05'30'