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HIGH COURT OF MADHYA PRADESH
S. C. Sharma and Virender Singh, JJ.
State of M.P. v. Vinod
Miscellaneous Criminal Case No. 449 of 2019 (I);
Decided on 17.5.2019
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1. This is a petition for granting leave to appeal under section 378(3) of CrPC.
2. The respondent is acquitted from the charge under sections 363 of IPC r/w section 3(2)(va) of SC/ST Act, 366, 376(2)(n) of IPC, and and section 5(L)/6 of Protection of Children from Sexual Offences Act, 2012.
3. The acquittal is recorded mainly on two grounds; first the prosecutrix was consenting party and second the prosecution could not establish that she was minor at the time of incident.
4. Before the trial Court, Teacher of Primary School Asavati, Satyanarayan Sharma (PW4) has deposed that as per scholar register of his school, the date of birth of the prosecutrix is 7.7.1997 and the date of incident in the present case is 28.10.2014.
5. Having regard to the statement of Satyanarayan (PW4) and judgment of Hon'ble the Supreme Court passed in Jarnail Singh v. State of Haryana, reported in AIR 2013 SC 3467, we find it a fit case to grant leave to appeal.
6. Accordingly, the petition is allowed and leave is 2 granted.
7. As a consequence of this order, Office is directed to register the appeal as an admitted appeal and proceed further as per rules.
8. On payment of requisite process fee, office is directed to issue bailable warrant of Rs. 10,000/- against the nonpetitioner. He is directed to furnish a bail bond in the sum of Rs. 10,000/- with separate solvent surety in the like amount to the satisfaction of the CJM/Trial Court for his appearance before the Registry/Office of this Court 27.6.2019 and on all other subsequent dates as may be fixed by the office in this behalf.
9. With the aforesaid, MCRC No.449/2019 is allowed and is accordingly, disposed of.
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