Citation : 2023 Latest Caselaw 75 MP
Judgement Date : 2 January, 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 2 nd OF JANUARY, 2023
CRIMINAL APPEAL No. 10371 of 2022
BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION-NATERAN, DISTRICT VIDISHA (MADHYA
PRADESH)
.....APPELLANT
(DR. ANJALI GYANANI - PUBLIC PROSECUTOR FOR APPELLANT/STATE )
AND
GOLU S/O LALARAM PANTHI, AGE-25 YEARS, R/O
GRAM MASOODA, THANA DEHAT BASODA, DISTRICT
VIDISHA (MADHYA PRADESH)
.....RESPONDENT
(NONE FOR THE RESPONDENT)
This appeal coming on for hearing this day, JUSTICE ROHIT ARYA
passed the following:
ORDER
Heard on IA.17380 of 2022 which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment of acquittal dated 07.09.2022 passed by Second Additional Sessions Judge and Special Judge (Protection of Children From Sexual Offences Act, 2012), Ganjbasoda, District Vidisha (M.P.) in Special Sessions Case No.22/2019 whereby the respondent has been acquitted of the charges levelled against him under Sections 363, 366, 376(2)(n) IPC and under Section 5-L/6 of the Protection of Children from Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 1/2/2023 6:32:40 PM
Sexual Offences Act, 2012.
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 para 23 to 26 of the impugned judgment is found to be impregnable. Accordingly, IA.17380 of 2022 is rejected.
Consequently, present appeal stands dismissed.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
pd
Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 1/2/2023
6:32:40 PM
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