Citation : 2023 Latest Caselaw 2740 MP
Judgement Date : 14 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 14 th OF FEBRUARY, 2023
CRIMINAL APPEAL No. 1170 of 2023
BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION TYONDA, DISTRICT VIDISHA (MADHYA
PRADESH).
.....APPELLANT
(BY SMT. ANJALI GYANANI - PUBLIC PROSECUTOR )
AND
RAVINDRA S/O BEJNATH ADIWASHI, AGED 22 YEARS,
R/O DABRI, DISTRICT SAGAR (MADHYA PRADESH)
.....RESPONDENT
Th is appeal coming on for admission this day, JUSTICE ROHIT
ARYA passed the following:
ORDER
Heard on I.A.No.1512 of 2023, which is an application under Section 378 (3) Cr.P.C. moved on behalf of State against the judgment dated 20.10.2022 passed by IInd Additional Sessions Judge and Special Judge, Protection of Children from Sexual Offences Act in Special Sessions Case No.42/2019 seeking leave to appeal.
In the light of the findings of the Trial Court which are based on critical evaluation of the evidence on record, conclusion of acquittal drawn in favour of the respondents particularly in view of paragraphs 38, 46 and 47 of the
impugned judgment is found to be impregnable as neither there is any illegality nor irregularity in the findings so recorded. Accordingly, IA.1512 of 2023 is rejected.
Consequently, the present appeal is dismissed.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2023.02.17
10:44:09 +05'30'
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