Dashrath Dekware vs The State Of Madhya Pradesh
2023 Latest Caselaw 761 MP

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                                      IN THE HIGH COURT OF MADHYA PRADESH
                                                   AT JABALPUR
                                                      CRA No. 6620 of 2021
                                          (DASHRATH DEKWARE Vs THE STATE OF MADHYA PRADESH)

                          Dated : 12-01-2023
                                Shri Sanjay Sharma - Advocate for the appellant No.2-Surendra

                          Choudhary.
                                Shri Yogesh Dhande - Govt. Advocate for the respondent/State.

Heard on I.A.No. 5551/2022 an application under Section 391of the Cr.P.C.

The appellant is in custody because of his conviction arising out of judgment dated 25/10/2021 delivered in Sessions Case No. 249/2016 by the learned Special Judge (POCSO), Act, Balaghat, District-Balaghat.

The appellant has been convicted under Section 376 (2)(n) and 3-4 of IPC and POCSO Act and sentenced to undergo RI for Life Imprisonment with fine of Rs.10,000/- and Section 376 of IPC and sentenced to undergo RI for 10 years with fine of Rs.10,000/- with default stipulation.

Learned counsel for the appellant submits that appellant could lay his hands on certain documents which shows that prosecutrix at the time of

incident was major and therefore, provisions of POCSO Act are not attracted.

As per the school certificate, her date of birth is 28.06.1990. Thus, she was aged about 26 years at the time of incident. In support thereof reliance is placed on the admission register as well.

It is prayed by learned counsel for the appellant that the Court below may be directed to record finding on the basis of this material regarding age of the prosecutrix and send the findings to this Court so that such findings can be taken into account while deciding the matter on merit. Signature Not Verified Signed by: ROSHNI SINGH Signing time: 13-Jan-23 5:32:10 PM

Shri Dhande - Government Advocate for the respondent/State has no objection.

Accordingly, I.A. No. 5551/2022 and original record be sent back by the Registry to Special Judge, (POCSO) Act, Balaghat within seven working days from today.

In turn, the Court below shall consider the documents filed with I.A. No. 5551/2022, record the evidence of the parties on these documents and record a finding relating to age of the prosecutrix. The Registry shall also send I.A. No.5551/2022 to the Court below alongwith record of this matter.

The entire exercise be preferably completed by Court below within 30

days from the date of receiving the order of this Court. The Court below shall record the finding as aforesaid and send the same back to this Court.

List the matter immediately thereafter.

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

                          R




Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 13-Jan-23
5:32:10 PM