Madhya Pradesh High Court
The State Of Madhya Pradesh vs Harihar Prasad Tiwari on 29 March, 2016
MCRC-18773-2015
(THE STATE OF MADHYA PRADESH Vs HARIHAR PRASAD TIWARI)
29-03-2016
Shri Vijay Soni, Panel Lawyer for the petitioner/State.
Record of the Court below has been received.
This M.Cr.C. has been instituted on an application under
section 378(3) of the Code of Criminal Procedure for grant of
leave to appeal against acquittal. It is directed against
judgment dated 01-08-2015 passed by the Court of Sessions
Judge, Sidhi in Sessions Trial No.240/2013, whereby
accused/respondent Harihar Prasad Tiwari was acquitted of
the charge under section 7/8 of the Protection of Children from Sexual Offences Act, 2012.
A perusal of impugned judgment reveals that respondent/accused has been acquitted mainly on the ground that the identification of the accused by seven years old prosecutrix is suspect. It is unlikely that an offence of the kind alleged would be committed by any one in broad daylight at a place where other people were around. The prosecution witnesses are child witnesses and they appeared to be tutored. The accused and parents of the prosecutrix were on inimical terms before the date of offence and close relative of the prosecutrix is a police officer.
However, a perusal of statements of prosecution witnesses, prosecutrix herself, Ravi Mishra (PW-4) and Nitin Tiwari (PW-5) reveals that their statements require reappraisal. Consequently, this application under section 378(3) of the Code of Criminal Procedure is allowed. Leave to appeal against acquittal is granted. This M.Cr.C No.18773/2015 stands disposed of. Let this matter be registered as a Criminal Appeal against acquittal.
Heard on admission of the appeal.
For the reasons stated hereinabove, the criminal appeal against acquittal is admitted for final hearing. Let a warrant bailable in the sum of Rs. 30,000/- be issued against respondent Harihar Prasad Tiwari for securing his presence before the Court on 15-06-2016. Let the matter be listed on 15-06-2016.
(C V SIRPURKAR) JUDGE