Madhya Pradesh High Court
The State Of Madhya Pradesh vs Deepak Malviya @ Mohit Malviya on 23 January, 2019
1 MCRC-27878-2017
The High Court Of Madhya Pradesh
MCRC-27878-2017
(THE STATE OF MADHYA PRADESH Vs DEEPAK MALVIYA @ MOHIT MALVIYA)
Jabalpur, Dated : 23-01-2019
Shri Mohit Nayak, learned counsel for the applicant-State.
Heard on I.A.No.689/2019, as well as on the question of grant of
leave to appeal.
This application has been filed by the applicant-State under Section
378(i)(a) of Criminal Procedure Code for grant of leave to appeal, against the
judgment of acquittal dated 16.8.2017, passed by XIth Additional Session
Judge, Bhopal, in S.T.No.124/2016, by which the respondent has been
acquitted from the charge under Sections 363, 366-A, 376(2)(n) of Indian Penal Code.
As per prosecution story on 3.12.2015, prosecutrix without informing to her parents, left her parents house and had gone along with the respondent- Deepak Malviya @ Mohit Malviya, at various places. She stayed with the company of the respondent for a period of 15 to 20 days at Jabalpur and she never tried to run away or lodge any report against him. In her statement, it has also come on record that her marriage was solemnized with the respondent and at the time of marriage, she never raised any objection.
Learned trial Court considering the aforesaid so also the statement of Dr. Surbhi Porwal (PW/1) has come to the conclusion that it is a case of consent. No external or internal injury was found on the person of the prosecutrix. In respect of her age, she was directed for radiological report. As per scholar register, her date of birth is 25.11.1998.
On due consideration of the statement of prosecutrix (PW/3) wherein she has admitted that respondent was known to her and she herself had gone to Bhopal Railway Station to meet the respondent, we are of the view that learned trial Court has rightly held that it is a case of consent and acquitted the respondent from the aforesaid offence.
Considering the well reasoned findings recorded by the trial Court, no Digitally signed by ASHWANI PRAJAPATI Date: 25/01/2019 10:27:25 2 MCRC-27878-2017 case for grant of leave to appeal is made out.
M.Cr.C.No.27878/2017 has no merit and is accordingly, dismissed.
(P.K. JAISWAL) (SMT. ANJULI PALO)
JUDGE JUDGE
A.Praj.
Digitally signed by ASHWANI
PRAJAPATI
Date: 25/01/2019 10:27:25