Prosecutrix Crime No. 331/2018 vs The State Of Madhya Pradesh
2023 Latest Caselaw 20928 MP

Madhya Pradesh High Court

Prosecutrix Crime No. 331/2018 vs The State Of Madhya Pradesh on 11 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 11 th OF DECEMBER, 2023
                  CRIMINAL APPEAL No. 4424 of 2022

BETWEEN:-
PROSECUTRIX, CRIME NO. 331/2018, POLICE STATION
GOLE KA MANDIR (MADHYA PRADESH)

                                                                .....APPELLANT
(BY SHRI SANJEEV KUMAR MISHRA WITH SHRI ANIL KUMAR PANDEY -
ADVOCATES).

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      POLICE STATION, GOLE KA MANDIR, GWALIOR
      (MADHYA PRADESH).

2.    MUNENDRA SHARMA S/O SHRI RAKESH
      SHARMA, AGED ABOUT 31 YEARS, R/O C-29,
      PRAGATI VIHAR COLONY, GOLE KA MANDIR,
      GWALIOR (MADHYA PRADESH).

                                                              .....RESPONDENTS
(SHRI VIJAY SUNDARAM - PANEL LAWYER FOR THE RESPONDENT
NO.1/STATE)

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

This criminal appeal has been filed under Section 372 of Cr.P.C. against t h e judgment dated 24/03/2022 passed by 6th Additional Session Judge, Gwalior in S.T. No.440/2018, whereby respondent No.1 was acquitted for the offence under Section 376 (2)(n) of IPC by the trial Court.

We have heard learned counsel for the appellant as well as Panel Lawyer appearing on behalf of State. We have also perused the impugned judgment.

The conclusion of acquittal drawn in favour of respondents particularly, in view of paragraphs 20, 26 to 30 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.

Consequently, the present appeal is dismissed.

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

SANJEEV
KUMAR PHANSE
2023.12.13
10:20:08 +05'30'