Abhiyoktri vs The State Of Madhya Pradesh
2023 Latest Caselaw 11620 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 25 th OF JULY, 2023
                                            CRIMINAL APPEAL No. 8617 of 2023

                          BETWEEN:-
                          ABHIYOKTRI D/O AMAR SINGH LODHI, AGE-18 YEARS,
                          R/O GRAM BEHLAUT, POLICE STATION HAIDERGARH,
                          DISTRICT VIDISHA (MADHYA PRADESH)

                                                                                     .....APPELLANT
                          (SHRI RAVI RAHUL -ADVOCATE FOR THE APPELLANT)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                POLICE STATION HAIDERGARH, DISTRICT
                                VIDISHA (MADHYA PRADESH)

                          2.    SAMAR KHAN S/O HASMAT KHAN, AGED-26
                                YE A R S , R/O VILLAGE DHAAMNOD, POLICE
                                STATION HAIDERGARH, DISTRICT VIDISHA
                                (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (DR. ANJALI GYANANI - PUBLIC PROSECUTOR FOR RESPONDENT
                          NO.1/STATE ON ADVANCE NOTICE)

                                This appeal coming on for hearing this day, JUSTICE ROHIT ARYA
                          passed the following:
                                                             ORDER

Present appeal under Section 372 of the Code of Criminal Procedure, 1973, has been preferred against the judgment of acquittal dated 13.04.2023 passed by III Additional Sessions Judge/Special Judge (POCSO, Act, 2012), District Vidisha (M.P.) in S.C. No.137 of 2020. Signature Not Verified Signed by: PAWAN DHARKAR Signing time: 7/27/2023 3:44:49 PM

The conclusion of acquittal drawn in favour of the respondent/accused particularly, in view of paragraphs 16, 17, 54, 55, 56, 57, 58, 59 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 are made out.

Consequently, the present appeal stands dismissed.

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




Signature Not Verified
Signed by: PAWAN
DHARKAR
Signing time: 7/27/2023
3:44:49 PM