STATE OF MADHYA PRADESH Vs. SANTOSH KUSHWAH
LAWS(MPH)-2021-1-43
HIGH COURT OF MADHYA PRADESH
Decided on January 04,2021

STATE OF MADHYA PRADESH Appellant
VERSUS
Santosh Kushwah Respondents

JUDGEMENT

Anand Pathak,J. - (1.) This is an application by State seeking leave to appeal under Section 378(3) of the Code of Criminal Procedure, 1973 against the judgment dated 06-03-2020 whereby the respondents/accused namely Santosh Kushwah and Bhura alias Ramkrishna have been acquitted by the trial Court in SST No.93/2015 for offence under Section 376(D) of IPC and Section 5(g)/6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act').
(2.) Precisely stated facts of the case are that as per the contents of FIR on 22-04-2015 at 9:15 pm the prosecutrix (PW-4) lodged the report against accused persons to the effect that when in the night, she went to answer the call of nature then accused persons appeared on the spot, dragged her to their home, girded her limbs and committed rape over her. Later on FIR was registered and after medical examination investigation carried out and charge-sheet was filed.
(3.) Before the trial Court, points for consideration were age of prosecutrix as well as the allegations of rape. After considering the relevant documents and evidence in this regard, trial Court found the age of prosecutrix about 16 years and found to be a child under Section 2(d) of POCSO Act. After appreciating the evidence, trial Court acquitted the respondents/accused. Therefore, this leave to appeal has been preferred along with appeal memo so as to challenge the order of acquittal.;


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