The State Of Madhya Pradesh vs Jitendra Lokhare @ Jeetu
2023 Latest Caselaw 11581 MP

                                 1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
            HON'BLE SHRI JUSTICE ROHIT ARYA
                            &
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                      ON THE 24 th OF JULY, 2023
                 CRIMINAL APPEAL No. 9365 of 2023

BETWEEN:-
STATE OF MADHYA PRADESH THROUGH POLICE
STATION CIVIL LINE, DISTRICT MORENA (MADHYA
PRADESH)

                                                             .....APPELLANT
(BY MRS. ANJALI GYANANI - PUBLIC PROSECUTOR)

AND
JITENDRA LOKHARE ALIAS JEETU S/O RAMKISHORE
JATAV, AGED 27 YEARS, OCCUPATION: LABOUR R/O
NEAR MATA BASAIYA POLICE STATION, MATA
BASAIYA DISTRICT MORENA (MADHYA PRADESH)

                                                          .....RESPONDENTS


      Th is appeal coming on for admission this day, JUSTICE ROHIT

ARYA passed the following:
                                  ORDER

Heard on IA No. 13459 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment dated 12.05.2023 passed by Special Judge, POCSO Act / Eighth Additional Sessions Judge, Morena (MP) in Special Case No. 54/2018, seeking leave to appeal.

The conclusion of acquittal drawn in favour of the respondent particularly, in view of paragraphs 23, 26, 31, 40, 41, 50 and 64 of the impugned judgment, appears to be reasonable and plausible based on proper

appreciation of evidence. The judgment and the reasoning thereof, are not manifestly illegal or perverse to make out a case of miscarriage of justice. The judgment is impregnable as neither there is any illegality nor irregularity in the finding so recorded. Therefore, no compelling or substantial reasons for interference by this appellate Court and for grant of leave to appeal, are made out.

Accordingly, IA No. 13459 of 2023 is rejected.

Consequently, the present appeal is dismissed.

  (ROHIT ARYA)                                  (DEEPAK KUMAR AGARWAL)
     JUDGE                                               JUDGE
yog




                            YOGESH
                            VERMA
                            2023.07.25
         VALSALA
         VASUDEVAN
         2018.10.26
         15:14:29 -07'00'
                            11:51:32
                            +05'30'