Madhya Pradesh High Court
(In Reference Of) State Of Madhya ... vs Kalyan Raikwar on 21 May, 2024
1 IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR CRRF No. 1 of 2024 ((IN REFERENCE OF) STATE OF MADHYA PRADESH Vs KALYAN RAIKWAR) Dated : 21-05-2024 Shri Rajesh Shukla - Additional Advocate General for the State.
This reference has been made under Section 318 of Cr.P.C. by the Special Judge (POCSO Act), Gwalior, in SC case No.186 of 2022, whereby accused has been convicted under Sections 449, 376(AB), 506 Part I of IPC and Sections 5m read with Section 6 of the POCSO Act.
Section 318 of Cr.P.C. reads as under :
"318. Procedure where accused does not understand proceedings.- If the accused, though not of unsound mind, cannot be made to understand the proceedings, the Court may proceed with the inquiry or trial; and, in the case of a Court other than a High Court, if such proceedings result in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case, and the High Court shall pass thereon such order as it thinks fit."
Having heard learned Additional Advocate General and keeping in view the aforesaid provision, in our considered opinion it would be appropriate to call accused before the Court from the concerned jail to afford him proper opportunity of hearing. Therefore, he be called through production warrant before this Court on the next date of hearing.
List on 16th July, 2024.
Signature Not Verified Signed by: MADHU (VIVEK RUSIA) (RAJENDRA KUMAR VANI) SOODAN PRASAD Signing time: 30-05-2024 JUDGE JUDGE 01:16:25 PM 2 ms/- Signature Not Verified Signed by: MADHU SOODAN PRASAD Signing time: 30-05-2024 01:16:25 PM