The State Of Madhya Pradesh vs Abhishek Upadhyay
2023 Latest Caselaw 11066 MP

                                  1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                          BEFORE
             HON'BLE SHRI JUSTICE ROHIT ARYA
                             &
        HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
                       ON THE 17 th OF JULY, 2023
                  CRIMINAL APPEAL No. 9015 of 2023

BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH :
INCHARGE POLICE STATION HAZIRA DISTT. GWALIOR
(MADHYA PRADESH)

                                                               .....APPELLANT
(BY SHRI A.K.NIRANKARI - LEARNED PUBLIC PROSECUTOR)

AND
1.    ABHISHEK UPADHYAY S/O RAMDATT UPADHYAY,
      AGED ABOUT 20 YEARS, R/O MUDIYA KHEDA
      BYPASS, DISTRICT MORENA (MADHYA PRADESH)

2.    ABHIYOKTRI R/O INDRANAGAR, CHAR SAHAR
      KA NAKA, HAJIRA GWALIOR THANA HAJIRA
      CRIME NO. 114/2020 KI FAIRYADI HAI (MADHYA
      PRADESH)

                                                            .....RESPONDENTS
(BY NONE)

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

T h is appeal under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 by the State is directed against the judgment dated 31.03.2023 passed by the Thirteenth Additional Sessions Judge/Special Judge (POCSO Act), Gwalior in SCATR No.101/2020 seeking leave to appeal.

Upon perusal of the impugned judgment, particularly paragraphs 23, 25, 29, 43 and 56, 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.

Accordingly, the instant appeal is hereby dismissed.

                                              (ROHIT ARYA)                                                    (SANJEEV S KALGAONKAR)
                                                 JUDGE                                                                JUDGE
                     Rks

Digitally signed by RAM KUMAR SHARMA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH

RAM KUMAR GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=fddb839268e92e8a7e213279c322478eb4761365d f45a6e590a0c9b59957024a,

SHARMA pseudonym=3A2DD409C7E00166B001086C51C67E732E55 3F43, serialNumber=3B922EA4FBB2AB6A4AC3EFC94C33671E3F D765EE70A3038453F8BC47FB9A192F, cn=RAM KUMAR SHARMA Date: 2023.07.18 14:39:11 +05'30'