Citation : 2022 Latest Caselaw 15287 MP
Judgement Date : 21 November, 2022
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 21st OF NOVEMBER, 2022
MISC. CRIMINAL CASE No. 34350 of 2022
BETWEEN:-
THE STATE OF MADHYA PRADESH INCHARGE
POLICE STATION P S PORSA MORENA
(MADHYA PRADESH)
.....PETITIONER
(BY SMT. DR. ANJALI GYANANI - PUBLIC PROSECUTOR)
AND
SHYAM SINGH BHADORIYA S/O DHEER SINGH
BHADORIYA, AGED ABOUT 73 YEARS, GOPAL
PURA ROAD BAMBA THANA PORSA (MADHYA
PRADESH)
.....RESPONDENTS
(NONE)
This application coming on for admission this day, JUSTICE ROHIT
ARYA passed the following:
ORDER
This application under section 378(3) of the Cr.P.C. seeking leave of the Court to file criminal appeal is directed against the impugned judgment of acquittal dated 24.03.2022 passed in Special Case No. 02/2021 (State of M.P. Vs. Shyam Singh Bhadoriya). The trial Court has acquitted the respondent of the charge for offences punishable under sections 354, 376, 506(II) of IPC and Section 3/4, 7 read with Section 8 of Protection of Children from Sexual Offences Act.
Having perused the impugned judgment, we are of the view that the
learned Sessions Judge upon critical evaluation placed on record has recorded impeccable findings of facts, there is no illegality or perversity. Hence, conclusion of acquittal is not liable to be interfered. The allegation made against 73 years old grand father has correctly been found baseless.
Accordingly, the application stands dismissed.
(ROHIT ARYA) (MILIND RAMESH PHADKE)
JUDGE JUDGE
neetu
NEETU
Digitally signed by NEETU SHASHANK DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya
SHAS Pradesh, 2.5.4.20=36b486bb0d381b950e435ec 09e066bc6b58cb947c1474b7dc349a1 cf27eaa2ce, pseudonym=C09AF52B2B8D28DBCFF 3D4A07CC4C71E915C48FC,
HANK serialNumber=E60A9BBFC39E0EE500 EAADE1E0B3B8565CB3A7DC9F5CD04 8197DF0FF3149AE58, cn=NEETU SHASHANK Date: 2022.11.22 18:44:32 +05'30'
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