STATE OF MADHYA PRADESH Vs. SANTOSH S/O. RAJU ADIVASI
LAWS(MPH)-2021-1-44
HIGH COURT OF MADHYA PRADESH
Decided on January 04,2021

STATE OF MADHYA PRADESH Appellant
VERSUS
Santosh S/O. Raju Adivasi Respondents

JUDGEMENT

Anand Pathak,J. - (1.) This is an application by State seeking leave to appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment dated 31-08-2020 whereby the respondent/accused Santosh has been acquitted by the trial Court in SST No.27/2019 for offence under Section 363, 366, 376(3), 376(2) (n) of IPC and Section 5(l)/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 04-07-2019 at 6 am accused allured the prosecutrix for marriage, took her along with him from her maternal home at village Udaipur and committed offence of rape. Later on, after being recovered, she underwent medical examination. Thereafter 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 below 16 years and found to be a child under Section 2(d) of POCSO Act. After appreciating the evidence, trial Court acquitted the respondent/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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