The State Of Madhya Pradesh vs Ajay Jatav
2023 Latest Caselaw 13709 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 22 nd OF AUGUST, 2023
                                     CRIMINAL APPEAL No. 10632 of 2023

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

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

               AND
               AJAY JATAV S/O MAHIPAT JATAV, AGED ABOUT 27
               YEARS, R/O CHANDAN NAGAR DISTRICT GWALIOR
               (MADHYA PRADESH)

                                                                              .....RESPONDENT

                           Th is appeal coming on for admission this day, Justice Rohit Arya
               passed the following:
                                                      ORDER

Heard on I.A. No.15454 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 27-04-2023 passed by the Special Judge (POCSO Act) District Gwalior in SC Case No.47 of 2022, whereby respondent has been acquitted of charges levelled against him under Sections 376(2n), 376(3), 506 Part II of IPC and Sections 5l read with Section 6 and Section 3 read with Signature Not Verified Section 4(2) of the POCSO Act.

Signed by: MADHU SOODAN PRASAD Signing time: 23-08-2023 10:10:59 AM We have heard learned Public Prosecutor appearing on behalf of State.

We have also perused the impugned judgment.

T h e conclusion of acquittal drawn in favour of the respondent particularly, in view of paragraphs 13, 15, 16, 19, 25, 30, 37 & 38 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.15454 of 2023 is rejected. Consequently, present appeal stands dismissed.

                  (ROHIT ARYA)                                   (DEEPAK KUMAR AGARWAL)
                     JUDGE                                                JUDGE
               ms/-




Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 23-08-2023
10:10:59 AM