The State Of Madhya Pradesh vs Dukal Singh
2023 Latest Caselaw 1035 MP

                                1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
            HON'BLE SHRI JUSTICE ROHIT ARYA
                            &
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                   ON THE 17 th OF JANUARY, 2023
                 CRIMINAL APPEAL No. 9666 of 2022

BETWEEN:-
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH THANA BADARVAS DISTRICT
SHIVPURI (MADHYA PRADESH)

                                                           .....APPELLANT
(BY DR. ANJALI GYANANI - LEARNED PUBLIC PROSECUTOR FOR THE
APPELLANT-STATE)

AND
DUKAL SINGH S/O GULAB SINGH BHILALA, AGED
ABOUT 50 YEARS, RESIDENT OF SIHORA POLICE
STATION BADARVAS DISTRICT SHIVPURI (MADHYA
PRADESH)

                                                         .....RESPONDENT
(BY SHRI )

      This appeal coming on for ......... this day, JUSTICE ROHIT ARYA

passed the following:
                                 ORDER

Heard on IA.16479/2022, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment of acquittal dated 21/07/2022 passed by Special Judge (Protection of Children From Sexual Offences Act, 2012) Shivpuri (M.P.) in Sessions Case No. 42/2019 whereby the respondent has been acquitted of the charges levelled against him under Sections 363, 366 read with 120-B/109, 376(2)(>)/109 and Section 4/17 of

POCSO Act.

We have heard learned Public Prosecutor appearing on behalf of State. We have also perused the impugned judgment.

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 particularly in view of paragraphs 30,31, 32, 33 and 34 of the impugned judgment is found to be impregnable. Accordingly, IA.16479/2022 is rejected.

Consequently, present appeal stands dismissed.

   (ROHIT ARYA)                                    (MILIND RAMESH PHADKE)
      JUDGE                                                 JUDGE
Prachi



     PRACHI MISHRA
     2023.01.18
     10:50:43 +05'30'