STATE OF MADHYA PRADESH Vs. PREM @ PARMA JATAV

JUDGEMENT

(1.) This petition under Section 378 (3) of Cr.P.C. has been filed by the petitioner/State seeking leave to appeal being aggrieved by judgment dated 23.04.2018 passed by the Sessions Judge, Bhind in Session Case No. 104/2017 acquitting the respondent from the charges framed under Section 354 of IPC and Section 7/8 of POCSO Act.

(2.) It is submitted by the learned Public Prosecutor appearing for the petitioner/State that as per the prosecution story, on 29.05.2017 at about 18.00 hours, the prosecutrix at her residence Old Ghans Mandi, Nai Abadi, Bhind had come out of her house to throw the garbage when the respondent/accused tried to catch hold of the prosecutrix and tried to forcibly make her sit in the auto rickshaw. It is submitted that at the time of the incident, age of the prosecutrix was 15 years and, therefore, acquittal of the accused will have serious adverse consequences on the aspect of maintenance of law and order specially in regard to crime against the children.

(3.) It is further submitted that as per 8th Class mark sheet of the prosecutrix, her date of birth is 02.06.2002 and, therefore, she was not even of 15 years of age on the date of the incident. It is submitted that learned Session Judge has arbitrarily held it to be a case of enmity with the brother of the prosecutrix and has disbelieve the eye witnesses, therefore, the impugned order deserves to be set aside and leave to appeal should be allowed.