The State Of Madhya Pradesh vs Ashok Pal
2022 Latest Caselaw 16617 MP

                                                               1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                     BEFORE
                                        HON'BLE SHRI JUSTICE ROHIT ARYA
                                                        &
                                   HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                               ON THE 14 th OF DECEMBER, 2022
                                              CRIMINAL APPEAL No. 8632 of 2022

                           BETWEEN:-
                           THE STATE OF MADHYA PRADESH INCHARGE POLICE
                           STATION THROUGH POLICE THANA BAIRAD, DISTRICT
                           SHIVPURI (MADHYA PRADESH)

                                                                                              .....APPELLANT
                           (BY MS. ANJALI GYANANI - PUBLIC PROSECUTOR)

                           AND
                           1.    ASHOK PAL S/O GUJAA PAL, AGED ABOUT 26
                                 YEARS, DEVPURA AT PRESENT TAPRA MOHALLA
                                 BAIRAD POLICE STATION BAIRAD, DISTRICT
                                 SHIVPURI (MADHYA PRADESH)

                           2.    ABHIYOKTRI TAPRA BAIRAD THANA BAIRAD
                                 DISTT SHIVPURI (MADHYA PRADESH)

                                                                                           .....RESPONDENTS


                                 Th is appeal coming on for admission this day, JUSTICE ROHIT
                           ARYA passed the following:
                                                                ORDER

Present criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 seeking leave to appeal at the instance of State challenging the legality, validity and sustainability of the order of Special Judge (POCSO Act) Shivpuri (M.P.) dated 20.06.2022 passed in Special Case No. SC/57/2021 acquitting the respondent from the Signature Not Verified Signed by: MONIKA SHARMA Signing time: 15-12-2022 10:30:46 AM

offence under Sections 363, 366, 366(A), 376(2)(V) of IPC and Section 4/5 of

POCSO Act and Section 3(2)(va), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Upon perusal of the impugned judgment and submissions advanced, this Court is of the view that no ground is made out to grant leave to appeal. Judgment is based on critical evaluation of the evidence placed on record and correct principles of law.

Hence no interference is warranted in the impugned judgment. Appeal sans merits and is hereby dismissed.

                             (ROHIT ARYA)                                 (MILIND RAMESH PHADKE)
                                JUDGE                                              JUDGE
                           Monika




Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 15-12-2022
10:30:46 AM