The State Of Madhya Pradesh vs Mohammad Nasim
2023 Latest Caselaw 5840 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                    BEFORE
                                       HON'BLE SHRI JUSTICE ROHIT ARYA
                                                       &
                                 HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                                  ON THE 11 th OF APRIL, 2023
                                            CRIMINAL APPEAL No. 2280 of 2023

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

                                                                                        .....APPELLANT
                          (DR. ANJALI GYANANI-PUBLIC PROSECUTOR FOR APPELLANT/STATE)

                          AND
                          MOHAMMAD NASIM S/O SHRI MOHAMMAD SHAFIQ,
                          AGE-45 YEARS, R/O DHALAKPURA, DISTRICT VIDISHA
                          (MADHYA PRADESH)

                                                                                       .....RESPONDENT


                                This appeal coming on for hearing this day, JUSTICE ROHIT ARYA
                          passed the following:
                                                             ORDER

Heard on IA.2977 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment of acquittal dated 15.11.2022 passed by the Second Additional Sessions Judge, District Vidisha (Madhya Pradesh) in Sessions Trial No. 11/2020, whereby the respondent has been acquitted of the charges levelled against him under Sections 376(2)(N) and 450 IPC.

We have heard learned Public Prosecutor appearing on behalf of State. Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 4/12/2023 7:21:50 PM

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 paragraphs 18, 26 and 28 of the impugned judgment is found to be impregnable. Accordingly, IA.2977 of 2023 is rejected.

Consequently, present appeal stands dismissed.

                               (ROHIT ARYA)                                (SATYENDRA KUMAR SINGH)
                                  JUDGE                                             JUDGE
                          pd




Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 4/12/2023
7:21:50 PM