The State Of Madhya Pradesh vs Dinesh @ Bhola Sharma
2021 Latest Caselaw 9137 MP

                                                                            1                            MCRC-60037-2021
                                                  The High Court Of Madhya Pradesh
                                                          MCRC No. 60037 of 2021
                                                  (THE STATE OF MADHYA PRADESH Vs DINESH @ BHOLA SHARMA AND OTHERS)


                             Gwalior, Dated : 22-12-2021
                                                 Shri   Naval   Kishore    Gupta,    learned    Public   Prosecutor   for

                            petitioner/State.
                                                 Present application u/S 378(3) Cr.P.C. has been filed seeking leave of
                            the Court to file an appeal against the judgment dated 24.09.2021 passed by
                            the Special Judge (POCSO Act) Guna, District Guna (M.P.) in Special Case

                            No.111/2020 acquitting respondent No.1-Dinesh @ Bhola Sharma from

offences punishable under Sections 363, 366 IPC & under Section 3(2)(va) SC/ST Act and respondent No.2 -Iqbal Khan from the offence punishable under Sections 363/120B, 366/120B, 376(2)(n), 506-Part II IPC, under Section 5L of Protection of Children From Sexual Offences Act, 2012 and under Sections 3(2)(v) and 3(2)(va) of SC/ST Act.

Upon perusal of the impugned judgment, this Court is of the considered view that findings recorded are based on the proper appreciation of evidence and conclusions drawn are with due advertence to the material on

record. As such, judgment is found to be impregnable in nature. There is no error apparent on the record necessitating grant of leave to appeal.

Accordingly, the instant application u/S 378(3) Cr.P.C. is hereby dismissed.

                                       (ROHIT ARYA)                                     (DEEPAK KUMAR AGARWAL)
                                          JUDGE                                                  JUDGE

                            pd

PAWAN

Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001,

DHARK st=Madhya Pradesh, 2.5.4.20=5da1b3ce5c6aee672b1f51a5cff56 61c113046ab7ebb8031c36dcac4472c040a , pseudonym=22FE9CB9F7CF0345E7FFAC9

AR 031E38DF6A29B4C10, serialNumber=C72B9531562BC6028F5D6E 42E82477C85878470B30E4A7672CCA523E 83C0BCB9, cn=PAWAN DHARKAR Date: 2021.12.23 10:23:57 +05'30'