The State Of Madhya Pradesh vs Ahivaran Baghel
2023 Latest Caselaw 20558 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Ahivaran Baghel on 5 December, 2023

Author: Rohit Arya

Bench: Rohit Arya, Amar Nath Kesharwani

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                      HON'BLE SHRI JUSTICE ROHIT ARYA
                                                      &
                                HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)
                                             ON THE 5 th OF DECEMBER, 2023
                                           CRIMINAL APPEAL No. 15015 of 2023

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THROUGH THANA
                          RON DISTRICT BHIND MP (MADHYA PRADESH)

                                                                                         .....APPELLANT
                          (BY SHRI RAJESH SHUKLA- ADDITIONAL ADVOCATE GENERAL )

                          AND
                          1.    AHIVARAN BAGHEL S/O TULARAM BAGHEL,
                                AGED ABOUT 23 YEARS, GRAM REMJA THANA
                                RON DISTRICT BHIND MP (MADHYA PRADESH)

                          2.    ABHIYOKTI P.S. REMJA THANA RON BHID AT
                                PRE. RON (MADHYA PRADESH)

                                                                                      .....RESPONDENTS


                                Th is appeal coming on for admission this day, Justice Rohit Arya

                          passed the following:
                                                             ORDER

Present appeal under Section 14A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been preferred against the judgment of acquittal dated 6/9/2023 passed by Special Judge (POCSO Act), Bhind (M.P.) in S.C. ATR No.23/2022; whereby, respondent No.1 has been acquitted of the charges levelled against him under Section 376(2)(n), 363, 366, 366(ka) of IPC, under Section 5(L) of POCSO Act and under Section 3(1)(w)

(i), 3(2)(v) of SC/ST Act.

The conclusion of acquittal drawn in favour of the respondent/accused particularly, in view of paragraphs 23, 24, 25, 29, 30 & 31 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 are made out.

Consequently, the present appeal stands dismissed.

                            (ROHIT ARYA)                                  (AMAR NATH (KESHARWANI))
                               JUDGE                                               JUDGE
                          (Dubey)