The State Of Madhya Pradesh vs Ram Kumar
2022 Latest Caselaw 6881 MP

                                     1
              IN THE HIGH COURT OF MADHYA PRADESH
                           AT JABALPUR
                                  BEFORE
                     HON'BLE SHRI JUSTICE SUJOY PAUL
                                     &
                HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                             ON THE 7th OF MAY, 2022

                 MISC. CRIMINAL CASE No. 14192 of 2022

         Between:-
         THE STATE OF MADHYA PRADESH THROUGH
         S.H.O. POLICE STATION BABAI DISTRICT
         HOSHANGABAD (MADHYA PRADESH)

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

         AND

         RAM KUMAR S/O BADRIPRASAD PATEL , AGED
         ABOUT 26 YEARS, VILLAGE JHALOUN P.S. BABAI
         DISTRICT HOSHANGABAD (MADHYA PRADESH)

                                                                 .....RESPONDENTS
         (BY SHRI )

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

Heard on application for grant of leave to appeal filed under Section 378 (3) of the Cr.P.C. by the applicant/State being aggrieved against the impugned judgment dated 11.11.2021 passed by the learned Session Judge, Hoshangabad in ST. No.05/2018 whereby the learned trial Court acquitted the respondent/ accused for committing the offence punishable under Section 376(2) (M) of the I.P.C.

Criticizing this judgment, Shri S. K. Kashyap, learned Government Advocate for the applicant/State placed reliance on the statement of prosecutrix (PW-1) wherein she deposed about the commission of rape, her attempt to save her by shouting and event of reaching the parents, who caught hold of the respondent.

The medical evidence is also relied upon by the Government Advocate. He submits that there was no reason to disbelieve the statement of prosecution witnesses and scientific evidence. The finding of para-10 is perverse in nature.

We have heard the Government Advocate at length and perused the record. Considering the statement of PW-1 in juxtaposition to finding in para-10 of

the impugned judgment, a good case is made out for grant of leave.

Accordingly, leave is granted.

The Registry is directed to convert this matter into Criminal Appeal. Let bailable warrant of arrest in the sum of Rs.25,000/-(Rs. Twenty Five

Thousand) be issued to the respondent for a date to be fixed by the Registry for his presence before the Registry.

                                   (SUJOY PAUL)                                       (DWARKA DHISH BANSAL)
                                      JUDGE                                                  JUDGE
                                 ahd




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Digitally signed by MOHD AHMAD
Date: 2022.05.07 17:01:51 IST