The State Of Madhya Pradesh vs Devendra
2023 Latest Caselaw 6789 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 26 th OF APRIL, 2023
                 CRIMINAL APPEAL No. 5651 of 2023

BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION RON DISTRICT BHIND (MADHYA PRADESH)

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

AND
1.    DEVENDRA S/O LATE SONELAL OJHA, AGED
      ABOUT 26 YEARS.

2.    ABHILAKH SINGH S/O KAILASH SINGH, AGED
      ABOUT 40 YEARS,
      R/O GRAM BISWARI CHOKI MACHHAND THANA
      RON DISTRICT BHIND (MADHYA PRADESH).

                                                        .....RESPONDENTS


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

Heard on I.A. No.7304 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 08.02.2023 passed by Sixth Additional Sessions Judge Bhind, District Bhind (Madhya Pradesh)/Special Judge (POCSO Act) Bhind (Madhya Pradesh) in Special S.T.No.152 of 2020, whereby respondent No.1 Devendra has been acquitted of the charges levelled against him under

Sections 376(2)(f) and Section 376 (3), 323, 506 Part II of IPC and Section 5

(n)/6 of POCSO Act and respondent No.2 Abhilakh has been acquitted of the charges levelled against him under Sections 376(2) and Section 376 (3) of IPC and Section 5/6 of POCSO Act.

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 11, 12 and 24 of the impugned judgment is found to be impregnable, as neither there is any illegality nor irregularity in the findings so

recorded.

Accordingly, IA.7304 of 2023 is rejected.

Consequently, present appeal stands dismissed.

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

SANJEEV
KUMAR
PHANSE
2023.04.27
17:56:40 +05'30'