The State Of Madhya Pradesh vs Bablu @ Rahul Shaky
2023 Latest Caselaw 12689 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. 4344 of 2023

BETWEEN:-
STATE OF MADHYA PRADESH THROUGH POLICE
STATION- CITY KOTWALI, DISTRICT- BHIND (MADHYA
PRADESH)

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

AND
1.    BABLU @ RAHUL SHAKY S/O ASHOK KUMAR,
      AGED 23 YEARS, R/O GRAM KAMALPUR THANA
      DEHAT, DISTRICT- BHIND AT PRESENT R/O
      VIDHYABATI SCHOOL KE PASS, RAKHA NAGAR,
      BHIND (MADHYA PRADESH)

2.    YUVRAJ SINGH @ KALLU S/O SHRI AVDHESH
      SINGH   RAJAWAT,   AGED   20  YEARS, R/O
      DHARAMPURI WARD NO. 12 P.S KOTWALI,
      DISTRICT- BHIND (MADHYA PRADESH)

3.    YUNUS KHAN @ BALLE S/O SHRI YUSUF KHAN,
      AGED   23 YEARS, R/O GOSHALA KE PASS
      NAYAPURA P.S KOTWALI, DISTRICT- BHIND
      (MADHYA PRADESH)

4.    SANJU @ SANJAY S/O SHRI MAHESH SINGH
      RAWAT, AGED 22 YEARS, R/O GRAM KARIKA P.S
      BHAROLI, DISTRICT- BHIND (MADHYA PRADESH)

                                                  .....RESPONDENTS


      Th is appeal coming on for admission this day, JUSTICE ROHIT
ARYA passed the following:
                                                                                                  2
                                                                                                  ORDER

Heard on I.A. No.5646/2023, which is an application under Section 378(3) of Cr.P.C. moved on behalf of State seeking leave to appeal against the judgment of acquittal dated 26/12/2022 passed by 6th Additional Session Judge/Special Judge (POCSO Act), Bhind (M.P.) in S.T. No.85/2020, We have heard learned Public Prosecutor appearing on behalf of State. We have also perused the impugned judgment.

The conclusion of acquittal drawn in favour of respondents particularly, in view of paragraphs 18, 23 to 26, 54 to 79 and 81 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, I.A. No.5646/2023 is rejected.

Consequently, present appeal stands dismissed.

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



RAHUL SINGH
              Digitally signed by RAHUL SINGH PARIHAR

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676d0cde4dee

PARIHAR 473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD4AB9D15 9B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.08.08 17:06:56 +05'30'