The State Of Madhya Pradesh vs Dhruv @ Omprakash Parihar
2023 Latest Caselaw 6080 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. 4848 of 2023

BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH
INCHARGE POLICE STATION SIRSOD DISTT. SHIVPURI
(MADHYA PRADESH)

                                                                .....APPELLANT
(BY SHRI A.K.NIRANKARI - LEARNED PUBLIC PROSECUTOR)

AND
DHRUV @ OMPRAKASH PARIHAR S/O KOMAL
PARIHAR, AGED ABOUT 25 YEARS, GRAM PIPARDHAR
THANA POHARI (MADHYA PRADESH)

                                                             .....RESPONDENTS
(NONE)

      Th is appeal coming on for HEARING this day, JUSTICE ROHIT
ARYA passed the following:
                                    ORDER

Heard on IA.6203 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment dated 11/01/2023 passed by Special Judge, Protection of Children from Sexual Offences Act in Special Case No.123/2021 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 to 20, 32 and 33 of the

impugned judgment is found to be impregnable as neither there is any illegality nor irregularity in the findings so recorded.

Accordingly, IA.6203 of 2023 is rejected.

Consequently, the present appeal is dismissed.

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

RAM KUMAR
SHARMA
2023.04.13 17:23:56
+05'30'