The State Of Madhya Pradesh vs Mohan Kushwah
2023 Latest Caselaw 6487 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 21 st OF APRIL, 2023
                                            CRIMINAL APPEAL No. 5330 of 2023

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

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

                          AND
                          MOHAN KUSHWAH S/O RAMKISHORE KUSHWAH, AGE-
                          23  YEARS, R/O CHIRAI TOR MATA KE SAMNE,
                          DISTRICT DATIA (MADHYA PRADESH)

                                                                                        .....RESPONDENT


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

IA No.7116 of 2023 an application moved under Section 5 of the Limitation Act, is taken up, considered and allowed for the reasons mentioned therein and the delay of seven days in filing present appeal stands condoned.

Heard on IA. No.6878 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment of acquittal dated 06.01.2023 passed by the Special Judge [Protection of Children From Sexual Offences Act, 2012 (for brevity "POCSO")] and Second Additional Sessions Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 4/21/2023 8:09:02 PM

Judge, District Datia (Madhya Pradesh) in Special Sessions Trial No.40/2018, whereby the respondent has been acquitted of the charges levelled against him under Sections 363, 366, 376(2) IPC and under Section 5/6 of POCSO.

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 10, 22, 37, and 39 of the impugned judgment is found to be impregnable. Accordingly, IA. No.6878 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: 4/21/2023
8:09:02 PM