The State Of Madhya Pradesh vs Ranu Khan
2023 Latest Caselaw 12687 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. 3972 of 2023

BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION BAHODAPUR, DISTRICT GWALIOR (MADHYA
PRADESH).

                                                                .....APPELLANT
(BY SMT.ANJALI GYANANANI - PUBLIC PROSECUTOR FOR THE
APPELLANT/STATE )

AND
RANU KHAN S/O SHRI MAHBUB KHAN, AGED ABOUT 22
YEARS,    R/O AMRA PAHAD RAMAJI KA PURA
BAHODAPUR,     DISTRICT  GWALIOR     (MADHYA
PRADESH).

                                                               .....RESPONDENT


      Th is appeal coming on for admission this day, JUSTICE ROHIT

ARYA passed the following:
                                    ORDER

Heard on IA No.5487 of 2023, an application preferred under Section 5 of the Limitation Act.

As per office report, the appeal is barred by 20 days. For the reasons mentioned in the application, same is allowed and the delay of 20 days in filing instant appeal stands condoned.

Further heard on IA No. 5137 of 2023, which is an application under

Section 378(3) Cr.P.C. moved on behalf of State against the judgment dated 07.11.2022 passed by Special Judge, POCSO Act and 13th Additional Sessions Judge, District Gwalior (Madhya Pradesh) in SC Case No.162/2021, seeking leave to appeal.

T h e conclusion of acquittal drawn in favour of the respondent particularly, in view of paragraphs 7 to 9, 17, 19, 20, 24, 25, 27, 29, 30, 39, 40 and 43 of the impugned judgment, appears to be reasonable and plausible based on proper appreciation of evidence. The judgment and the reasoning thereof, are not manifestly illegal or perverse to make out a case of miscarriage of justice. The judgment is impregnable as neither there is any illegality nor

irregularity in the finding so recorded. Therefore, no compelling or substantial reasons for interference by this appellate Court and for grant of leave to appeal, are made out.

Accordingly, IA No. 5487 of 2023 is rejected.

Consequently, the present appeal is dismissed.

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

SANJEEV
KUMAR PHANSE
2023.08.08
17:25:07 +05'30'