The State Of Madhya Pradesh vs Mahendra Ahirwar
2023 Latest Caselaw 11067 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. 9017 of 2023

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

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

AND
1.    MAHENDRA AHIRWAR S/O RAJEEV AHIRWAR,
      AGED ABOUT 21 YEARS, GRAM GAROTHA
      KUMKHA THANA GUD SARAJ JHANSI HAL
      NIWASI KALYAN SINGH KI JAGAH KE PASS
      GOHADPUR GWALIOR (MADHYA PRADESH)

2.    SURAJ AHIRWAR S/O SHRI DASRATH AHIRWAR,
      AGED   ABOUT    19  YEARS, GRAM UGORA
      TIKAMGARH (MADHYA PRADESH)

                                                          .....RESPONDENTS
(BY NONE)

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

Heard on IA.12905 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment dated 27/03/2023 passed by Special Judge (under the Protection of Children from Sexual Offences Act, 2012) in Special Case No.ST/65/2020 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 11, 20, 25, 26, 34, 35, 36, 37, 55 and 57 of the impugned judgment is found to be impregnable as neither there is any illegality nor irregularity in the findings so recorded.

Accordingly, IA.12905 of 2023 is rejected.

Consequently, the present appeal is dismissed.

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

RAM KUMAR Digitally signed by RAM KUMAR SHARMA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=fddb839268e92e8a7e213279c322478eb4761365df45a6e590a0c9b59957024a,

SHARMA pseudonym=3A2DD409C7E00166B001086C51C67E732E553F43, serialNumber=3B922EA4FBB2AB6A4AC3EFC94C33671E3FD765EE70A3038453F8BC47FB9A192F, cn=RAM KUMAR SHARMA Date: 2023.07.18 14:37:45 +05'30'