Madhya Pradesh High Court
The State Of Madhya Pradesh vs Bhallu @ Mukesh Vishwakarma on 2 July, 2019
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.-14360-2019
(THE STATE OF MADHYA PRADESH Vs. BHALLU @ MUKESH VISHWAKARMA)
Jabalpur-02.07.2019
Shri Mahendra Choubey, Government Advocate for the
applicant/State.
This petition under Section 378(iii) of the Cr.P.C. has been filed
seeking leave to appeal against the judgment of acquittal dated 21/12/2018
passed by the Special Judge, Protection of Children from Sexual Offence
Act, Distt. Umaria (M.P.) in S.T. No.16/2018 acquitting the accused person
for offence punishable under Sections 376(2)(n), 376(2)(i), 376(2)(f) of the
IPC read with Section 5(L), 6 of the POCSO Act, 1989.
On perusal of the findings recorded by the trial Court, it is apparent
that in examination in chief as well as in cross-examination, the testimony
of the prosecutrix is not of sterling character. It was further observed by the
trial Court that in the DNA report, respondent was not found biological
father of the child. Considering the aforesaid, allegation of commission of rape due to which prosecutrix became pregnant and delivered a child was not found prove, however, the Trial Court acquitted the accused person.
In that view of the matter, looking to the evidence of the prosecutrix as well as DNA report, we are of the considered opinion that finding recorded by the trial Court is neither perverse nor illegal warranting inference in this petition, therefore, leave to appeal as prayed for stands rejected.
Accordingly, this petition filed by the applicant seeking leave to appeal is hereby dismissed.
(J.K. Maheshwari) (Smt. Anjuli Palo)
Judge Judge
Astha
Digitally signed by ASTHA SEN
Date: 2019.07.04 15:42:30 +05'30'