The State Of Madhya Pradesh vs Saurabh Dangi
2023 Latest Caselaw 6569 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. 5539 of 2023

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION DEHAT GANJBASODA, DISTRICT VIDISHA

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

                          AND
                          SAURABH DANGI S/O SADANSINGH DANGI, AGED 22
                          YE A R S , R/O VILLAGE UDAYPUR, THANA DEHAT
                          GANJBASODA DISTRICT VIDISHA (MADHYA PRADESH)

                                                                                     .....RESPONDENT


                                  T h i s appeal coming on for hearing on admission and I.A.
                          No.7202/2023 this day, JUSTICE ROHIT ARYA passed the following:
                                                             ORDER

Heard on I.A. No.7202 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 28.01.2023 passed by Second Additional Sessions Judge & Special Judge (POCSO Act) Ganjbasoda, District Vidisha in Special Sessions Case No.76/2020 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 Protection of Children from Sexual Offences Act, 2012.

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

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 14, 18, 21 to 24, 30 & 35 of the impugned judgment is found to be impregnable, as neither there is any illegality nor irregularity in the findings so recorded.

Accordingly, IA.7202 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