The State Of Madhya Pradesh vs Ajju Alias Ajay
2022 Latest Caselaw 7077 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 10th OF MAY, 2022

              MISC. CRIMINAL CASE No. 15030 of 2022

        Between:-
        THE STATE OF MADHYA PRADESH THROUGH
        POLICE STATION DAMOH DEHAT DISTRICT
        DAMOH M.P. (MADHYA PRADESH)

                                                               .....PETITIONER
        (BY SHRI PRAMOD THAKRE, GOVT. ADV. )

        AND

        AJJU ALIAS AJAY S/O SITARAM YADAV , AGED
        ABOUT 33 YEARS, R/O GRAM BARPATI, POLICE
        STATION DAMOH DEHAT, DISTRICT DAMOH
        (M.P.) (MADHYA PRADESH)

                                                          .....RESPONDENTS
        (NONE )

      This application coming on for admission this day, JUSTICE SUJOY
PAUL passed the following:
                                  ORDER

Heard on the application seeking leave to appeal filed under Section 378 (III) of Cr.P.C. by the applicant/State being aggrieved against the impugned judgment dated 29.11.2021 passed by the learned Sessions Judge, in S.T. No. 140/2018, whereby the learned Session Court has acquitted the respondent/accused from the heinous charged for committing the offences punishable under Sections 302, 201, 376 (Ka) of IPC.

Learned counsel for the applicant/State submits that a 90 years old woman was murdered and sexually assaulted. As many as seven injuries were

found on the person of the deceased. The reason of death is homicide in nature. Although, there is no eye witness to the incident, the DNA report shows that it matched with the present respondent. The court below disbelieved this scientific evidence and committed an error in acquitting the respondent.

We have heard learned counsel for the applicant at length and perused the record.

Prima facie, we find substance in the arguments of learned counsel for the State. Paragraphs 102 to 104 show that the DNA report was found to be positive and supported the prosecution story.

Considering the aforesaid we deem it proper to grant leave to appeal.

Accordingly, leave is granted.

The Registry is directed to convert this M.Cr.C. into Criminal Appeal. Let bailable warrant of arrest in the sum of Rs.25,000/-(Rs. Twenty Five Thousand) be issued against the respondent for a date to be fixed by the Registry for his presence before the Registry.

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




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Date: 2022.05.11 10:52:16 IST