LAWS(MPH)-2022-4-88

PROSECUTRIX Vs. STATE OF M.P.

Decided On April 07, 2022
Prosecutrix Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) The present petition under Sec. 482 of Cr.P.C. is preferred by the petitioner/prosecutrix seeking early conclusion of trial and direction to respondent No.1 (S.H.O. Police Station Vidisha Dehat) to accompany the witnesses when they appear before the trial Court for deposition.

(2.) The sole prayer made by petitioner is early conclusion of case/trial pertaining to physical and sexual exploitation of the minor prosecutrix, registered vide Crime No.851/2019 for alleged offences under Ss. 376(2)(n), 376(2)(i), 354(A)(i) (ii), 354(D), 120-B, 201 of IPC and Ss. 3,4,5,6,13,14 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "the POCSO Act") and Ss. 67,67(A),67(B), 66(D),66(E) of Information Technology Act. The conduct of accused is reflected from the fact that after 13 adjournments, cross-examination of prosecutrix could have been completed. Despite lapse of almost 4 years in such a heinous crime, at present only prosecutrix could have been cross-examined by the accused and still her family members remained to be cross-examined before the trial Court.

(3.) Respondent No.1/accused is adopting every tactics to delay the trial and to harass the petitioner/prosecutrix and her family members to give up the case and to come to his terms. Since accused was not cooperating in trial and continuously harassing the prosecutrix and her family members, therefore, application for cancellation of bail has been preferred.