The State Of Madhya Pradesh vs Devendra Ahirwar
2023 Latest Caselaw 6564 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 24 th OF APRIL, 2023
                                           CRIMINAL APPEAL No. 5532 of 2023

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

                                                                                       .....APPELLANT
                          (BY SMT. ANJALI GYANANI-PUBLIC PROSECUTOR)

                          AND
                          DEVENDRA AHIRWAR S/O LAKHANSINGH AHIRWAR,
                          AGED - 21 YEARS, R/O GAON KHEJDA THANA
                          KARARIYA   DISTRICT VIDISHA  PRESENT  R/O
                          JATRAPURA, MANOJ KUSHWAH KE KIRAYE KA
                          MAKAN, THANA KOTWALI, DISTRICT VIDISHA
                          (MADHYA PRADESH)

                                                                                     .....RESPONDENT


                                T h i s appeal coming on for hearing on admission and I.A.

                          No.7231/2023 this day, JUSTICE ROHIT ARYA passed the following:
                                                            ORDER

Heard on I.A. No.7231 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State seeking leave to appeal against the judgment of acquittal dated 11.01.2023 passed by Third Additional Sessions Judge/Special Judge (POCSO) District Vidisha in Special SC No.118/2020 whereby the respondent has been acquitted of the charges levelled against him under Sections 450, 376(3) & 376(2)(n) IPC and under Section 5(l)/6 of the Signature Not Verified Signed by: AMAN TIWARI Signing time: 4/25/2023 3:39:19 PM

Protection of Children from Sexual Offences Act, 2012.

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 para 12, 17, 19, 29 & 32 of the impugned judgment is found to be impregnable, as neither there is any illegality nor irregularity in the findings so recorded.

Accordingly, IA.7231 of 2023 is rejected.

Consequently, present appeal stands dismissed.

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




Signature Not Verified
Signed by: AMAN TIWARI
Signing time: 4/25/2023
3:39:19 PM