Citation : 2023 Latest Caselaw 2443 MP
Judgement Date : 10 February, 2023
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROHIT ARYA
&
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
ON THE 10 th OF FEBRUARY, 2023
CRIMINAL APPEAL No. 1673 of 2023
BETWEEN:-
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION P.S HAJIRA DISTTRICT GWALIOR (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI A.K. NIRANKARI - LEARNED PUBLIC PROSECUTOR FOR THE
APPELLANT-STATE)
AND
PUSPENDRA @ UDAYRAJ @ UUA S/O SHRI MUKESH
JATAV, AGED ABOUT 21 YEARS, RESIDENT OF
TIKONIYA CHOURAH M.H. ROAD MURAR DISTRICT
GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
This appeal coming on for ADMISSION this day, JUSTICE ROHIT
ARYA passed the following:
ORDER
This appeal under Section 378 Cr.P.C. by the State is directed against the judgment dated 30/09/2022 passed by Special Judge, Protection of Children from Sexual Offences Act and 13th Additional Sessions Judge, District Gwalior (M.P.) in Special Case No.542/2019 seeking leave to appeal.
Upon perusal of the impugned judgment, particularly paragraphs 13,16 and 25, we are of the considered view that the learned Trial Judge upon critical
evaluation of the evidence placed on record has reached to an impeccable finding of facts not pregnable with illegality.
Consequently, neither there is any illegality nor irregularity in the findings so recorded.
As a result, the instant appeal being sans merits is hereby dismissed.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
Prachi
PRACHI
MISHRA
2023.02.11
12:25:29
+05'30'
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