The State Of Madhya Pradesh vs Rohit @ Neetesh Kirar
2023 Latest Caselaw 20814 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Rohit @ Neetesh Kirar on 8 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 8 th OF DECEMBER, 2023
                 CRIMINAL APPEAL No. 15206 of 2023

BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MORAR, DISTRICT GWALIOR (MADHYA
PRADESH).

                                                             .....APPELLANT
(BY MS.ANJALI GYANANI - PUBLIC PROSECUTOR)

AND
ROHIT @ NEETESH KIRAR S/O ASHOK KIRAR, AGED
ABOUT 32 YEARS, R/O MANDAKINI GARDEN KE PAAS,
M.H. CHAURAHA MORAR, 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.22349 of 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 of respondent dated 22.08.2023 passed by Special Judge, POCSO Act 2012 and 13th Additional Sessions Judge, District Gwalior, (Madhya Pradesh) in SC Case No.77/2022.

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 19, 39, 40, 42, 43, 45, 48 and 52 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.22349 of 2023 is rejected.

Consequently, present appeal stands dismissed.

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

SANJEEV
KUMAR PHANSE
2023.12.09
16:52:08 +05'30'