Brief facts of the case are that on 22.04.2017 at about 12.20 PM, victim (PW-1) lodged a report at Police Station, Machalpur, District Rajgarh Biaora (MP) that she appeared in examination of Class-X. On the date of incident i.e. on 21.04.2017 at about 06.30 PM, when the victim went to attend a call of nature along with her mother (PW-2), at that time, respondent / accused came 2 there and caught hold her right hand with intent to outrage her modesty and forced her to come with him.She refused to give company to the accused and called her mother.When her mother rushed for help and asked to leave her daughter, then the respondent / accused pressed her breast and pulled her to come with him.When her mother shouted on accused and saved her daughter, then respondent / accused fled away from the spot, threatening that if she will narrate the incident to any one, then he will kill them.It is also alleged that earlier the respondent / accused follow her when she go to school.The matter was reported to the Police Station Machalpur, District Rajgarh (MP).On the basis of which, offence bearing Crime No.106/2017 for offence punishable under Section 354 (A) of the Indian Penal Code, 1860 and also under Section 7 read with Section 8 of the Protection of Children from Sexual Offence Act, 2012 was registered against the respondent / accused.During the investigation, Police obtained scholar register of the victim to verify her date of birth, according to which, she was minor at the time of incident.After completion of the investigation, charge sheet was filed.The trial Court framed charges against the accused / respondent.Being aggrieved by which, the prosecution / State of Madhya Pradesh has preferred this petition for grant of leave to appeal against the impugned judgment of acquittal.Learned Panel Lawyer for the petitioner / State of Madhya Pradesh has submitted that from the statement of the victim, the alleged offence is proved beyond reasonable doubt, which has also found support from the statement of mother of the victim, who had seen the incident, but the trial Court has not properly appreciated the evidence and wrongly disbelieved the statement of the prosecution witnesses and acquitted the respondent / accused for the aforesaid offences.Therefore, he prays for grant of leave to appeal against the impugned judgment of acquittal.I have heard learned Panel Lawyer for the petitioner / State of Madhya Pradesh and perused the impugned judgment as well as record of the case.After perusal of the statement of the victim (PW-1), her mother (PW-2) and the findings given by the trial Court, this Court is of the view that it is a fit case in which permission for leave to appeal can be granted against respondent / accused Mohanlal s/o Rai Singh Verma; meaning thereby, the matter has to be admitted for final hearing.Accordingly, the petitioner filed by the petitioner / State of Madhya Pradesh under Section 378 (3) of 4 Criminal Procedure Code, 1860 is allowed and permission for grant of leave to appeal is granted against respondent / accused Mohanlal s/o Rai Singh Verma.Appeal filed, as a consequence of this order, be registered and proceeded to as per rules, as admitted.Office is directed to issue bailable warrant in the sum of Rs.20,000/- (rupees twenty thousand) against respondent / accused Mohanlal s/o Rai Singh Verma to secure his presence before the Registry of this Court.He is also directed to furnish a personal bond in the sum of Rs.20,000/- (Rupees twenty thousand only) with one solvent surety in the like amount to the satisfaction of the concerned Chief Judicial Magistrate / trial Court, for his regular appearance before the Registry of this Court on 04.11.2019 and on all such subsequent dates, as may be fixed by the Registry in this regard.Miscellaneous Criminal Case No.43146/2018 stands disposed of accordingly.(S.K. Awasthi) Judge Pithawe RC Digitally signed by Ramesh Chandra Pithawe Date: 2019.09.23 16:20:57 +05'30'

Cited provisions: Section 354 in The Indian Penal Code