The State Of Madhya Pradesh vs Dinesh Kushwah
2023 Latest Caselaw 3278 MP

                                   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 22 nd OF FEBRUARY, 2023
                  CRIMINAL APPEAL No. 1383 of 2023

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

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

AND
DINESH KUSHWAH, AGED ABOUT 20 YEARS, S/O SHRI
PREMSINGH KUSHWAH, R/O SHYAMPUR P.S MYANA
(MADHYA PRADESH).

                                                              .....RESPONDENT

PROSECUTRIX R/O - SHYAMPUR, DISTRICT GUNA
(MADHYA PRADESH) IS THE COMPLAINANT OF
CRIME NO.46/2021 REGISTERED AT       POLICE
STATION MYANA, DISTRICT GUNA (M.P.).

                                                            .....COMPLAINANT


      Th is appeal coming on for admission this day, JUSTICE ROHIT
ARYA passed the following:
                                    ORDER

This appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 by the State is directed against the judgment dated 29.11.2022 passed by Special Judge, (POCSO Act) Guna in

Special Case No. SC/150/2021 seeking leave to appeal.

Upon perusal of the impugned judgment, particularly paragraphs 11 and 12, 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
    SP
SANJEEV
KUMAR
PHANSE
2023.02.23
11:45:11 +05'30'