STATE OF M.P. Vs. SURESH

JUDGEMENT

(1.) They are heard at considerable length.

(2.) The applicant/State has filed an application under Sec. 378(3) of the Crimial P.C. seeking leave to present an appeal against the impugned judgment of acquittal dated 20.03.2015 passed by the Sessions Judge Chhindwara in Special Sessions Case No.59/2014 titled State of M.P. through Police Station Kundipura, District Chhindwara Vs. Suresh acquitting respondent Suresh of the charges under Sections 354 of the Penal Code and 7 r/w 8 of the Protection of Children from Sexual Offences Act, 201

(3.) Briefly stated, the prosecution case is that in the night of 04.02014, the victim-girl (PW-1) aged about 14 years with her two younger sisters went to the house of the respondent, who is her neighbour, for sleep-over upon the directions of her parents as they had gone out of town to attend a marriage. At about 2:00 a.m. while the victim-girl was fast sleeping, the respondent put his hands upon her breasts with a sexual intent. Upon her objections, he removed his hands.