Prosecutrix X vs Tomar Singh
2023 Latest Caselaw 11353 MP

                                                             1
                            IN    THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                                  ON THE 20 th OF JULY, 2023
                                         MISC. CRIMINAL CASE No. 17405 of 2022

                           BETWEEN:-
                           PROSECUTRIX-X S/O RANJEET SINGH, AGED ABOUT 37
                           YEAR S , OCCUPATION : GOVT. SERVANT, R/O G-5
                           MOHINI SAGAR COLONY, SHIVPURI, DISTRICT
                           SHIVPURI (MADHYA PRADESH)

                                                                                          .....APPLICANT
                           (BY SHRI VINOD PATHAK - ADVOCATE)

                           AND
                           1.    TOMAR SINGH S/O LATE KANHAJI JI SULIYA,
                                 AGED ABOUT 57 YEARS, OCCUPATION: GOVT.
                                 SERVICE, R/O VAN VIDYALAYA SHIVPURI AT
                                 PRESENT POSTED (MADHYA PRADESH)

                           2.    THE STATE OF MADHYA PRADESH THROUGH
                                 SUPERINTENDENT   OF  POLICE, SHIVPURI
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           (BY SHRI NIRMAL SHARMA - PUBLIC PROSECUTOR)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

This application under Section 378(4) of the Cr.P.C. seeking leave of the Court to file criminal appeal is directed against the impugned judgment of acquittal dated 09.12.2021 passed in Criminal Case No.2355/2014, whereby the Trial Court has acquitted the respondent from the charge for offences punishable under Sections 354-A and 509 of IPC.

Signature Not Verified Applicant's case is based on criminal complaint filed by the petitioner on Signed by: ABHISHEK CHATURVEDI Signing time: 20-07-2023 17:41:35

22.07.2014, i.e., after about one and half months of the incident which had taken place on 03.05.2014 at about 19:00 hours during inspection of Van Vidyalaya campus. All the witnesses examined by the applicant are hearsay witness. Applicant's statements recorded during trial are not consistent with her own criminal complaint. Admittedly, her complaints made to the department as well as police were found false.

Under these circumstances and considering the material produced on record, findings given by the learned Trial Court are found to be impregnable as neither there is any illegality nor irregularity in the findings so recorded.

Accordingly, the present application is dismissed.

(SATYENDRA KUMAR SINGH) JUDGE Abhi

Signature Not Verified Signed by: ABHISHEK CHATURVEDI Signing time: 20-07-2023 17:41:35