State of M.P. vs Jitendra

Present application under 378 (3) of CrPC has been filed seeking leave to file appeal against the judgment of acquittal dated 07/3/2020 passed by Special Judge (POCSO Act), Shivpuri in Special Trial No. 35/2018 whereby the respondent has been acquitted for the offence under Sections 307, 376 (2) of the IPC and Section 5/6 of POCSO Act.

Learned counsel for the applicant/State has submitted that DNA report is positive. DNA report reflects presence of (Y) STR DNA on various articles, which supports the prosecution story. It is further submitted that the age of the prosecutrix has been proved by the concerning witness i.e. Brijesh Kumar Verma (PW-9), Headmaster of the concerning school who verified the admission register (Ex. P-16) wherein date of birth of the prosecutrix is mentioned as 20/9/2001, and yet the trial Court erred in observing the age of the prosecutrix, at the time of incident, to be above 18 years and below 20 years whereas the date of incident is 02/3/2018. Under these circumstances, trial Court has prima facie committed error in passing the judgment of acquittal in favour of the respondent.

After considering the submissions made by learned counsel for the applicant and the evidence on record, this Court is of the view that this is a fit case for grant of leave to appeal. Accordingly, the application is allowed. The applicant is granted leave to file an appeal against the judgment dated 07/3/2020 passed in Special Trial No. 35/2018.

This M.Cr.C. is finally disposed off.

The office is directed to register this case separately as a criminal appeal.

Heard on admission of criminal appeal.

Arguable points are involved in the appeal, hence, it is admitted for hearing.

Issue bailable warrant of Rs.25,000/- against the respondent to secure his presence before the Office of this Court on the date to be fixed by the Office.

A copy of this order be kept in the record of the criminal appeal.