Madhya Pradesh High Court
The State Of Madhya Pradesh vs Shivam Alise Shibbu Barman on 15 May, 2019
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No. 12914/2019
Jabalpur, Dated 15.05.2019
Shri Ashok Singh, learned Panel Lawyer for the
appellant/State.
Record of the Court below received and attached with
Criminal Appeal No. 7023/2018 filed by the Co-accused- Arun
@ Anil Burman.
The Co-accused stands convicted for the offence
punishable under Sections 363, 366(ka), 376(2)(n) and 376(2)
(i) of the IPC and under Section 6 of the POCSO Act.
Perused the statement of the prosecutrix.
In her statement, the prosecutrix categorically stated that
the respondent along with the convicted Co-accused Arun @
Anil Burman entered into the house of the prosecutrix and told her that Sunil is calling her when she told that she doesn't no the Sunil, then respondent and convicted accused Arun @ Anil Burman both caught hold the prosecutrix and lift her and took her outside the house and kept her in a secluded place where convicted accused Arun @ Anil Burman committed rape upon her repeatedly.
No doubt there is a prima facie evidence available against the applicant for attempting or kidnapping the prosecutrix along with the convicted accused and forcibly took her to the secluded place and help the convicted accused Arun @ Anil Burman who forcibly raped her.
Learned trial Court framed the charge against the respondent for the offence under Section 363, 366(ka) and in alternate 366(ka)/34 of the IPC.
Considering the evidence of the prosecutrix, this Court is of the considered view that the leave should be granted to the State for filing the appeal against the respondent.
Accordingly, this application for grant of leave to appeal under Section 14(A) of the SC/ST (POA) Act read with Section 378 (3) of the Cr.P.C. is hereby allowed.
State is permitted to file an appeal against acquittal.
Learned counsel for the applicant submits that this application is filed in the form of an appeal memo, therefore, this be treated as appeal.
Office is directed to convert this M.Cr.C. into appeal.
Let notice be issued to the respondent who were accused before the trial Court on payment of process fee within seven days.
Notice be made returnable within a period of four weeks.
List the matter along with Cr.A. No. 7023/2018 after ensuing summer vacation.
(Vishnu Pratap Singh Chauhan) Judge ashish Digitally signed by ASHISH KUMAR LILHARE Date: 2019.05.15 18:21:43 +05'30'