The State Of Madhya Pradesh vs Monu @ Vijaykant Dandotiya
2023 Latest Caselaw 5841 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. 4853 of 2023

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION   MATABASAIYA,  DISTRICT  MORENA
                          (MADHYA PRADESH)

                                                                                  .....APPELLANT
                          (SHRI A.K. NIRANKARI- PUBLIC PROSECUTOR FOR APPELLANT/STATE)

                          AND
                          1.    MONU    @   VIJAYKANT   DANDOTIYA   S/O
                                RADHEYSHYAM DANDOTIYA, AGE-24 YEARS,
                                OCCUPATION-LABOUR,          R/O VILLAGE
                                KISHANPUR, POLICE STATION MATABASAIYA,
                                DISTRICT MORENA (MADHYA PRADESH)

                          2.    SONU @ SHRIKANT DANDOTIYA S/O SHRI
                                RADHESHYAM DANDOTIYA, AGE-29 YEARS,
                                OCCUPATION-   LABOUR,    R / O VILLAGE
                                KISHANPUR, POLICE STATION MATABASIYA,
                                DISTRICT MORENA (MADHYA PRADESH)

                          3.    RAMKISHOR @ BANTI DANDOTIYA S/O SHRI
                                RADHESHYAM DANDOTIYA, AGED ABOUT 42
                                YE A R S , OCCUPATION-FARMER, R/O VILLAGE
                                KISHANPUR, POLICE STATION MATABASAIYA,
                                DISTRICT MORENA (MADHYA PRADESH)

                                                                                .....RESPONDENTS


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

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

Heard on IA.6226 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment of acquittal dated 25.01.2023 passed by the Special Judge (POCSO Act)/Eighth Additional Sessions Judge, District Morena (Madhya Pradesh) in Sessions Trial No.132/2021, whereby respondent No.2-Sonu @ Shrikant Dandotiya has been acquitted of the charges levelled against him under Sections 376(D), 376(2)(N), 376(2)(F), 344, 506 Part II IPC, appellant No.1-Monu @ Vijaykant under Sections 376(D), 376(2)(N), 506 Part II IPC, and appellant No.3-Ramkishore @ Banti Dandotiya under Section 506 Part II IPC.

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 paragraphs 18, 30 and 31 of the impugned judgment is found to be impregnable. Accordingly, IA.6226 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