The State Of Madhya Pradesh vs Santu @ Santosh Ahirwar
2024 Latest Caselaw 28102 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Santu @ Santosh Ahirwar on 4 October, 2024

Author: Sushrut Arvind Dharmadhikari

Bench: Sushrut Arvind Dharmadhikari

                                                              1                                 CRA-821-2023
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                       CRA No. 821 of 2023
                                        (THE STATE OF MADHYA PRADESH Vs SANTU @ SANTOSH AHIRWAR )



                          Dated : 04-10-2024
                                Shri Yogesh Dhande - Government Advocate for the appellant/State.

                                Heard on I.A. No. 2029/2023, which is an application filed under
                          Section 5 of the Limitation Act for condonation of delay of 85 days in filing
                          the appeal.
                                For the reasons stated in the application, I.A. No. 2029/2023 is

                          allowed and delay of 85 days in filing the appeal is hereby condoned.
                                Also heard on I.A. No. 927/2023, which is an application filed under
                          Section 378(3) of Cr.P.C. for grant of leave to appeal.
                                Learned counsel for the appellant/State submitted that the respondent

had committed alleged offence with the prosecutrix. When the father-in-law of the prosecutrix went for urinal at that time, respondent entered into the house of the prosecutrix and committed alleged offence. Prosecutrix (P.W. 1) in her court statement has specifically stated that the alleged offence has been committed by the respondent. It is also submitted by learned counsel

for the appellant that learned Trial Court merely on the ground of 3 days delay in lodging the FIR, has acquitted the respondent from the alleged offence. Under these circumstances, learned counsel for the appellant/State prays for grant of leave to appeal against impugned judgment.

We have heard learned counsel for the appellant and perused the record as well as the statement of the prosecutrix (P.W. 1).

2 CRA-821-2023 Looking to the facts and circumstances of the case, in our considered opinion learned Trial Court has committed error in acquitting the respondent from the alleged offence. Accordingly, I.A. No. 927/2023 stands allowed and in consequence thereof, appeal is admitted for hearing.

Let bailable warrant of Rs.10,000/- be issued against respondent - Santu @ Santosh Ahirwar for securing his presence before this Court on a date fixed by the Registry in this regard.

List the matter accordingly.

                          (SUSHRUT ARVIND DHARMADHIKARI)                     (ANURADHA SHUKLA)
                                    JUDGE                                          JUDGE


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