Madhya Pradesh High Court
The State Of Madhya Pradesh vs Subhash Bhati on 23 September, 2019
Author: Sunil Kumar Awasthi
Bench: Sunil Kumar Awasthi
1
HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.24433/2019
(State of M.P. through PS Chimanganj Vs. Subhash Bhati)
Indore, Dated: 23/09/2019
Shri Yogesh Kumar Gupta, learned Public Prosecutor for
the appellant/State.
ORDER
This is a petition under Section 378(3) Code of Criminal Procedure, 1973 (for short 'The Code') seeking leave to appeal against judgment dated 14/03/2019 passed by 10 th Additional Sessions Judge, Ujjain in Session Trial No.648/2018 whereby accused/respondent has been acquitted from the charges under Section 354, 354-D, 506 (Part-II) of IPC and Section 7/8 and 11-D/12 of POSCO Act 2012.
(2). The brief facts of the case are that on 13/12/2018 the minor prosecutrix went to washroom outside of her house, the respondent-accused stood there and he caught hold her and intend to mollest her. The respondent/accused told her that he wanted to marry her and, if she will not marry with the respondent/accused, he will kill her parents. The prosecutrix shouted and on hearing her cry parents came out and after seeing them, the respondent/accused fled away. The matter was reported to the police station Chimanganj, District Ujjain on the basis of which the police lodged the FIR on 13/12/2018 against the respondent for the offence under Section 354, 354- D, 506 (Part-II) of IPC and Section 7/8 and 11-D/12 of POSCO Act 2012 and after completion of investigation charge sheet was filed.
(3) The trial court framed the charges against the respondent under Sections 354, 354-D, 506 (Part-II) of IPC and Section 7/8 and 11-D/12 of POSCO Act 2012.
2(4). After appreciating the evidence adduced by the parties, trial court came to the conclusion that prosecution has failed to establish the charges framed against the respondent/accused and acquitted him from the aforesaid offences. (5). The applicant/State has preferred this petition for grant of leave to appeal against the aforesaid judgment of the trial Court.
(6). Learned counsel for the applicant/State has submitted that from the statement of the prosecutrix, the charges framed against the respondent has been duly proved which is also supported by the statement of her parents PW/1 and PW/3 who are the eye witnesses of the incident. Even then trial Court has acquitted the respondent/accused only given the minor omissions and contradictions of the statements of the prosecution witnesses. He has further submitted that the trial court has not properly appreciated the evidence adduced by the prosecution and wrongly acquitted the respondent for the aforesaid offences. Hence, he prayed for grant of leave to appeal against the impugned judgment.
(7) Having heard learned counsel for the applicant and perused the impugned judgment and records. (8). After considering the evidence of the witness PW/2 as well as her parents and finding given by the trial court in paragraph Nos.24, 25 and 26 of the impugned judgment, this court is of the considered view that this is a fit case in which permission for grant of leave to appeal can be allowed. Accordingly, application filed by the applicant under Section 378(3) of Cr.P.C.is allowed and permission for grant of leave to appeal is granted, meaning thereby, the matter has to be admitted for final hearing.
3(9). Appeal filed as a consequence of this order be registered and proceeded as per rules, as admitted. (10). On payment of requisite process fee, office is directed to issue bailable warrant of Rs.10,000/- (Rupees Ten Thousand only) against the respondent. He is also directed to furnish a bail bond in the sum of Rs.10,000/- (Rupees Ten Thousand only) with one surety in the like amount in the satisfaction of the CJM/Trial Court for his appearance before the Registry/Office of this Court on 05.11.2019 and on all other subsequent dates as may be fixed by the office in this behalf.
(11). With the aforesaid, M.Cr.C.No.24433/2019 is allowed and is accordingly, disposed of. Certified copy, as per rules.
(S.K. Awasthi) Judge krjoshi Digitally signed by KHEMRAJ JOSHI Date: 2019.09.23 17:04:21 +05'30'