The State Of Madhya Pradesh vs Ankit Patle
2023 Latest Caselaw 1417 MP

                                                            1
                           IN      THE     HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                      HON'BLE SHRI JUSTICE SUJOY PAUL
                                                      &
                                HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                                              ON THE 24 th OF JANUARY, 2023
                                         MISC. CRIMINAL CASE No. 21428 of 2022

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THROUGH ITS
                          POLICE STATION GRAMIN NAVEGAON BALAGHAT
                          (MADHYA PRADESH)

                                                                                       .....APPLICANT
                          (BY SHRI S. K. KASHYAP - GOVERNMENT ADVOCATE)

                          AND
                          ANKIT PATLE S/O SURENDRA PATLE, AGED ABOUT 18
                          YEARS, R/O KEWATOLA (MAGARDARRA) P.S. GRAMIN
                          NAVEGAON DISTRICT BALAGHAT (MADHYA PRADESH)

                                                                                     .....RESPONDENT
                          (NONE)

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

This is an application seeking leave to appeal against the impugned judgment of acquittal dated 03.01.2022.

Learned counsel for the State submits that this Court has already admitted the appeal of victim against the same impugned judgment. Apart from this the prosecutrix, a girl of aged about 5 years, 6 months was subjected to sexual assault by the accused person. She deposed against the accused person in the Court. The medical evidence supports her case. Section 29 and 30 of Signature Not Verified Signed by: AKANKSHA MAURYA Signing time: 1/25/2023 10:39:55 AM

Protection of Children from Sexual Offences Act creates a presumption against the accused person. The Court below erroneously acquitted him which is bad in law. A prima facie case is made out. Considering the aforesaid leave is granted. The Registry shall convert this MCRC into appeal.

Let a bailable warrant of Rs.20,000/- (Rs. Twenty Thousand only) be issued against the respondent for a date to be fixed by the Registry.

The respondent shall appear before the Registry of this Court for a date to be fixed by the Registry.

List in due course.

                            (SUJOY PAUL)                                 (AMAR NATH (KESHARWANI))
                               JUDGE                                              JUDGE
                          VPA




Signature Not Verified
Signed by: AKANKSHA
MAURYA
Signing time: 1/25/2023
10:39:55 AM