The State Of Madhya Pradesh vs Ravindra Singh Sengar
2023 Latest Caselaw 12684 MP

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                      HON'BLE SHRI JUSTICE ROHIT ARYA
                                                      &
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                              ON THE 7 th OF AUGUST, 2023
                                           CRIMINAL APPEAL No. 4215 of 2023

                         BETWEEN:-
                         THE STATE OF MADHYA PRADESH INCHARGE POLICE
                         STATION THROUGH POLICE STATION DABRA CITY
                         (MADHYA PRADESH)

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

                         AND
                         1.    RAVINDRA SINGH SENGAR S/O SHRI MURAT
                               SINGH SENGAR, AGED ABOUT 63 YEARS, R/O
                               DABRA GAON DABRA (MADHYA PRADESH)

                         2.    SMT. KAMLESH W/O SHRI RAVINDRA SINGH
                               SENGAR, AGED ABOUT 60 YEARS, R/O DABRA
                               GAON DIST. GWALIOR (MADHYA PRADESH)

                         3.    SMT. APARNA W/O SHRI BHUPENDRA SINGH,
                               AGED ABOUT 41 YEARS, R/O GOLE KA MANDRI
                               GWALIOR (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                         (NONE FOR THE RESPONDENTS)

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

This criminal appeal under Section 378 of Cr.P.C. has been moved on behalf of State seeking leave to appeal against the judgment of acquittal dated 02.01.2023 passed by Special Judge (POCSO Act) Dabra District Gwalior Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 8/8/2023 12:11:53 PM

(M.P.) in Special Case No.27/2016 (POCSO) whereby the respondent No.1 has been acquitted of the charges levelled against him under Sections 376(f) and 376(i)(f)(n) and respondents No. 2 and 3 have been acquitted of the charges levelled against them under Section 376(f) r/w 114 of IPC and 376 (i)(f)(n) r/w 114 of IPC and respondents No. 1, 2 and 3 have been acquitted of the charges levelled against them under Section 5 (i)(n), 6 of the Protection of Children from Sexual Offences Act, 2012 and 506 Part II and 323 of IPC.

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 28, 45 and 46 of the impugned judgment is found to be impregnable, as neither there is any illegality nor irregularity in the findings so recorded.

Consequently, present appeal stands dismissed.

                            (ROHIT ARYA)                                  (DEEPAK KUMAR AGARWAL)
                               JUDGE                                               JUDGE
                         ojha




Signature Not Verified
Signed by: YOGENDRA
OJHA
Signing time: 8/8/2023
12:11:53 PM