The State Of Madhya Pradesh vs Raju Shrivas
2023 Latest Caselaw 13413 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 17 th OF AUGUST, 2023
                                           CRIMINAL APPEAL No. 9783 of 2023

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION JHANSI ROAD DISTRICT GWALIOR (MADHYA
                          PRADESH)

                                                                                        .....APPELLANT
                          (DR. ANJALI GYANANI- PUBLIC PROSECUTOR FOR APPELLANT- STATE )

                          AND
                          RAJU SHRIVAS S/O LATE GANGA BAHADUR SHRIVAS,
                          AGED ABOUT 26 YEARS, RESIDENT OF OFO KI BAGIYA
                          BANKA CHANDRAVANDI        NAKA JHANSI ROAD
                          DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                      .....RESPONDENT
                          (SHRI SHAILENDRA SINGH KUSHWAH- ADVOCATE FOR RESPONDENT)

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

                          ARYA passed the following:
                                                             ORDER

Heard on I.A. No.14210 of 2023, which is an application under Section 378 (3) Cr.P.C. moved on behalf o f State seeking leave to appeal against the judgment of acquittal dated 24-03-2023 passed by Ananya Special Judge (POCSO Act) & Thirteen Additional Sessions Judge, District Gwalior (Madhya Pradesh) in SC Case No.128 of 2021, whereby respondent has been acquitted of charges levelled against him under Sections 363, 366, 376 (2)(n) of IPC and Section 5(L) read with Section 6 of POCSO Act.

Signature Not Verified Signed by: MAHENDRA BARIK Signing time: 8/18/2023 11:17:59 AM

We have heard learned Public Prosecutor appearing on behalf of State as well as learned Counsel appearing on behalf of respondent. We have also perused the impugned judgment.

T h e conclusion of acquittal drawn in favour of the respondent particularly, in view of paragraphs 16, 19 and 20 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.14210 of 2023 is rejected. Consequently, present appeal stands dismissed.

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




Signature Not Verified
Signed by: MAHENDRA
BARIK
Signing time: 8/18/2023
11:17:59 AM