The State Of Madhya Pradesh vs Kumer Singh Ahirwar
2023 Latest Caselaw 20640 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Kumer Singh Ahirwar on 6 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 6 th OF DECEMBER, 2023
                                           CRIMINAL APPEAL No. 15065 of 2023

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION SHAMSHABAD DISTRICT VIDISHA (MADHYA
                          PRADESH)

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

                          AND
                          KUMER SINGH AHIRWAR S/O GHANSHYAM SINGH
                          AHIRWAR, AGED ABOUT 30 YEARS, R/O DHOBIKHEDA
                          THANA SHAMSHABAD DISTRICT VIDISHA (MADHYA
                          PRADESH)

                                                                                    .....RESPONDENTS


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

                          passed the following:
                                                            ORDER

Heard on I.A. No.22176 of 2023, an application under Section 378(3) of Cr.P.C. moved on behalf of State seeking leave to appeal against the judgment of acquittal of respondent dated 4/9/2023 passed by Special Judge (POCSO) Act, Ganjbasoda, District-Vidisha in Special Sessions Trial No.57/2021 whereby respondent has been acquitted of the charge levelled against him under Sections 363, 366, 376(1), 506 part II of IPC and Section 3/4 of POCSO Act.

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 respondent particularly, in view of paragraphs 23, 27, 46, 54 & 62 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.21695 of 2023 is rejected.

Consequently, present appeal stands dismissed.

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