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2022 Supreme(Online)(MP) 3311

HIGH COURT OF MADHYA PRADESH
The State Of Madhya Pradesh – Appellant
Versus
Rukhsaar @ Munna @ Faizal – Respondent


Advocates:
Advocate General,

    ORDER

    This petition seeking leave to appeal has been filed by the petitioner/State u/S 378(3) of Cr.P.C. against the judgment of acquittal dated 04.10.2019 pronounced by the Additional Sessions Judge, Garoth Distt. Mandsaur in S.T.72/2017 whereby the respondent has been acquitted from the charges framed u/S 363, 354, 354-A of IPC and Sec 7 r/W 8 of Protection of Children from Sexual Offences Act, 2012.

    Prosecution case in brief is that on 20.01.2017, at about 15:00 hours

,when complainant's minor daughter aged about 16 years was going to her school and reached near Shyamgarh Bus Stand, respondent came there on motorcycle and got the minor prosecutrix seated on his motorcycle and took her towards Hotel Aman Palace. When prosecutrix screamed, he stopped the motorcycle, caught hold of her hand and tried to take the prosecutrix forcefully into the hotel. Witnesses Deepak Bairagi and Ajay Soni approached the prosecutrix, then respondent fled away from the spot. Prosecutrix informed her father - complainant, who reached the spot and lodged the FIR (Ex. P-3). Prosecutrix was sent to Shyamgarh Hospital for medical examination. On 21.01.2017, respondent was arrested and motorcycle used in the

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