Madhya Pradesh High Court
The State Of Madhya Pradesh vs Jayesh Singh@Kanha@Kalanji@Prakash on 30 November, 2015
1 Miscellaneous Criminal Case No.9968/2015 30.11.2015
Shri Mukesh Kumawat, learned Panel Lawyer for the applicant / State.
Heard on the question of grant of leave to appeal. This application for grant of leave to appeal under Section 378 (3) of Code of Criminal Procedure, 1973 has been filed against the judgment of acquittal dated 04.08.2015 passed by the 2nd Additional Sessions Judge, Dhar in Special Case No.16/2015, whereby the learned Trial Court acquitted non-applicant No.1 Jayesh Singh @ Kanha @ Kalanji @ Prakash s/o Ajay Singh Thakur for an offence punishable under Sections 363, 366, 376(2)
(n) and 376 (2) (i) of the Indian Penal Code, 1860 and under Section 5 (L) read with Section 6 of the Protection of Children from Sexual Offence Act, 2012; and appellant No.2 Sonu @ Vikas s/o Prakash Davare for an offence punishable under Section 368 and 212 of the Indian Penal Code, 1860.
Learned Panel Lawyer for the applicant / State submits that as per School Leaving Certificate, date of birth of the prosecutrix is 03.06.1999 and as per the statement of PW-1 and PW-5, father and mother of the 2 prosecutrix, at the time of occurrence, she was 15 years' of age. He submitted that learned Court below wrongly disbelieved the Scholar Register and considered the Radiologist Report and gave a finding that at the time of occurrence, the prosecutrix was above 18 years' of age.
On due consideration of the reasoning assigned by the learned trial Court in paragraphs No.11 to 18 of the impugned judgment, we are of the view that it is a fit case in which permission for grant of leave to appeal can be granted; meaning thereby, the matter has to be admitted for final hearing.
Accordingly, application filed by the applicant - State under Section 378 (3) of Cr.P.C. is allowed and permission for grant of leave to appeal is granted.
Appeal filed, as a consequence of this order, be registered and proceeded as per rules, as admitted.
On payment of requisite process fee, office is directed to issue bailable warrant in the sum Rs.15,000/- (rupees fifteen thousand) against the non-applicants. They are also directed to furnish a bail bond in the sum of Rs.15,000/- each with one surety each in the like amount to the satisfaction of the CJM / Trial Court for 3 their appearance before the Registry / Office of this Court on 03.02.2016 and on all other subsequent dates as may be fixed by the office in this behalf.
Record of the Trial Court be called for.
Miscellaneous Criminal Case No.9968/2015 is allowed and accordingly disposed of.
(P.K. Jaiswal) (Subhash Kakade)
Judge Judge
Pithawe RC