The State Of Madhya Pradesh Thr. vs Kailash Kushwah
2022 Latest Caselaw 17030 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 21 st OF DECEMBER, 2022
                                            CRIMINAL APPEAL No. 10674 of 2022

                           BETWEEN:-
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION-BASODA, DISTRICT VIDISHA (MADHYA
                           PRADESH)

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

                           AND
                           KAILASH KUSHWAH S/O SHRI KANCHEDI LAL
                           KUSHWAH, AGE-27 YEARS, R/O-VILLAGE SIRAVADA
                           POLICE STATION KURWAI DISTRICT VIDISHA
                           (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (NONE FOR THE RESPONDENT )

                                 This appeal coming on for hearing this day, JUSTICE ROHIT ARYA

                           passed the following:
                                                              ORDER

Heard on IA.17872 of 2022 which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment of acquittal dated 27.08.2022 passed by Second Additional Sessions Judge and Special Judge (Protection of Children From Sexual Offences Act, 2012), Ganjbasoda, District Vidisha (M.P.) in Special Sessions Case No.4/2019 whereby the respondent has been acquitted of the charges levelled against him under Sections 363, 366- A, 376, 376(2)(n), 376(3), 506 Part II IPC and under Section 3/4 and 5L/6 of Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 12/21/2022 6:02:48 PM

the Protection of Children from Sexual Offences Act, 2012.

We have heard learned Public Prosecutor appearing on behalf of State. We have also perused the impugned judgment.

In the light of the findings of the Trial Court which are based on critical evaluation of the evidence on record, conclusion of acquittal drawn particularly in view of para 41 and 44 of the impugned judgment is found to be impregnable. Accordingly, IA.17872 of 2022 is rejected.

Consequently, present appeal stands dismissed.

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




Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 12/21/2022
6:02:48 PM