The State Of Madhya Pradesh vs Vikki @ Ramvilas Kushwah
2023 Latest Caselaw 6077 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 13 th OF APRIL, 2023
                  CRIMINAL APPEAL No. 3582 of 2023

BETWEEN:-
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION GHATIGAON
(MADHYA PRADESH)

                                                               .....APPELLANT
(BY SHRI RAJEEV UPADHYAY - ADVOCATE)

AND
VIKKI @ RAMVILAS KUSHWAH S/O HARIGYAN
KUSHWAH, AGED ABOUT 30 YEARS, KUSHWAH
MOHALLA GHATIGAON THANA GHATIGAON (MADHYA
PRADESH)

                                                             .....RESPONDENTS
(NONE)

      Th is appeal coming on for HEARING this day, JUSTICE ROHIT

ARYA passed the following:
                                    ORDER

Heard on I.A. No.6416/2023, an application for condonation of delay. As per office note, the appeal is barred by 19 days. On due consideration and for the reasons stated therein, I.A. is allowed. The delay in filing the appeal is hereby condoned.

Also heard on IA.4757 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment dated 02/11/2022 passed by XIII Additional Sessions Judge Gwalior and Special Judge,

Protection of Children from Sexual Offences Act in Special Case No.99/2020 seeking leave to appeal.

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 in favour of the respondent particularly in view of paragraphs 18 and 30 of the impugned judgment is found to be impregnable as neither there is any illegality nor irregularity in the findings so recorded.

Accordingly, IA.4757 of 2023 is rejected.

Consequently, the present appeal is dismissed.

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

RAM KUMAR SHARMA
2023.04.13 17:27:09
+05'30'