IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

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ON THE 17 OF FEBRUARY, 2026 CRIMINAL APPEAL No. 5185 of 2017 THE STATE OF MADHYA PRADESH Versus JAGDISH Appearance:

Shri Mayur Gulati - Advocate for appellant/State. Shri Deonath Pandey - Advocate for respondent.

JUDGMENT This appeal under Section 378(3) of the Cr.P.C. has been filed by the appellant/State assailing the judgment and order of acquittal dated 26.05.2017 passed in Special Sessions Case No.120/2015 by the Special Judge (POCSO Act, 2012), Chhatarpur, District Chhatarpur (M.P.) whereby the respondent (hereinafter referred to as the 'accused') has been acquitted of the offence under Section 354 of IPC and Section 7 & 8 of POCSO Act.

2. As per the story of prosecution, on 06.10.15 at 05:00 in the evening, the complainant (PW-5) was going home via her well, after cutting fodder from the field of Raghav of the village. She met the accused on the way. The accused caught hold of her hands with bad intentions and started taking her towards the mansion. Then she shouted. On the shout of the complainant/prosecutrix (PW-5), Dassu Kushwaha (PW-1) and her mother (PW-4) came, the accused ran