The State Of Madhya Pradesh vs Pintu Malaviya
2023 Latest Caselaw 12694 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. 4347 of 2023

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

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

AND
1.    PINTU MALAVIYA S/O SHRI MAKHAN SINGH,
      AGED 29 YEARS, R/O BHAGWATI COLONY
      ICHCHHAWAR ROAD, SEHORE HALL CHUNA
      BHATTI COLAR ROAD BHOPAL (MADHYA
      PRADESH)

2.    NEETU VISHWAKARMA W/O PINTOO MALVIYA,
      AGED ABOUT 27 YEARS, BHAGWATI COLONY
      ICHCHhAWAR ROAD SEHORE, AT PRESENT
      CHUNA BHATII KOLAR ROAD, BHOPAL (MADHYA
      PRADESH)

3.    KHAN @ SHEKHALI S/O SALEEM ALI, AGED
      ABOUT 18 YEARS, R/O MATAN MARKET, JINSI
      BHOPAL (MADHYA PRADESH)

4.    BHOJRAJ S/O RAMESH MEWADA, AGED 24
      YEARS, R/O SARKARI SCHOOL KE PASS SEMLI
      KALAN SEHORE, AT PRESENT R/O CHUNA
      BHATTI KOLAR ROAD, BHOPAL (MADHYA
      PRADESH)

5.    SACHIN S/O RAISINGH GAHLOT, AGED 20 YEARS,
      SHRIRAM COLON SUGAR FACTORY KE PASS
      SEHORE, AT PRESENT R/O CHUNA BHATTI
      KOLAR ROAD, BHOPAL (MADHYA PRADESH)
                                                                                         2
                                                                                                                  .....RESPONDENTS


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

Heard on I.A. No.5647/2023, 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 24/12/2022 passed by 6th Additional Session Judge/Special Judge (POCSO Act) in S.T. No.116/2019.

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 14, 21, 22, 26, 27 and 74 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. 5647/2023 is rejected.

Consequently, the present appeal is dismissed.

                                    (ROHIT ARYA)                                                    (DEEPAK KUMAR AGARWAL)
                                       JUDGE                                                                 JUDGE

                     rahul
              Digitally signed by RAHUL SINGH PARIHAR



RAHUL SINGH

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=eac942476567cd1b39b3da46068403462fdf82ab676d 0cde4dee473fe77953f5,

PARIHAR pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D48 7, serialNumber=0275C4F803F94C47998BE5C534E21BDED910FD 4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.08.08 17:07:11 +05'30'