The State Of Madhya Pradesh vs Sanjay Ahirwar
2022 Latest Caselaw 3338 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.18749/2020
            State of M.P. vs. Sanjay Ahirwar & Anr.

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 25.10.2020 passed

by Special Judge (POCSO Act), Guna in Special Case No.105/2019 by

which the respondents have been convicted under Section 341 of IPC

but they have been acquitted of the charges under Section 354 of IPC

read with Section 16/17 of the POCSO Act, 2012.

It is submitted that according to the prosecution case, three

persons including the respondents way laid the prosecutrix and the co-

accused Munesh (juvenile) caught hold of her hand with an evil

intention. Although the Trial Court had held the respondents are guilty

of offence under Section 341 of IPC but wrongly held that by forcibly

stopping the prosecutrix, they had not assisted and instigated the co-

accused to outrage her modesty.

Considering the submissions made by the counsel for the

applicant as well as the 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 an appeal against

the acquittal of the respondents for offence under Section 354 of IPC

read with Section 16/17 of the POCSO Act, 2012.

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

THE HIGH COURT OF MADHYA PRADESH MCRC No.18749/2020 State of M.P. vs. Sanjay Ahirwar & Anr.

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

Twenty Five Thousand only) each for appearance of the respondents

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 18:00:27 +05'30'