Yogendra vs The State Of Madhya Pradesh
2023 Latest Caselaw 8527 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 13 th OF JUNE, 2023
                                         CRIMINAL APPEAL No. 6169 of 2023

                          BETWEEN:-
                          YOGENDRA S/O SHRI BAHADURSINGH, AGED ABOUT 36
                          YEARS, OCCUPATION: KRASHI, R/O GRAM GHURAIYA
                          KA PURA, BARENDA THANA NOORABAD, DISTRICT
                          MORENA (MADHYA PRADESH)

                                                                            .....APPELLANT
                          (BY SHRI MADHUKAR KULSHRESHTHA-ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                POLICE THANA NOORABAD, DISTRICT MORENA
                                (MADHYA PRADESH)

                          2.    VINAY @ VINOD SINGH S/O MANGAL SINGH
                                GURJAR, AGED ABOUT 22 YEARS, R/O GRAM
                                NAKA THANA MATA BASAIYA, MORENA
                                (MADHYA PRADESH)

                          3.    SURAJ GURJAR @ FAUJI S/O PREETAM SINGH
                                GURJAR, AGED ABOUT 22 YEARS, R/O GRAM
                                GHURAIYA   KA  PURA    BAINDA,  THANA
                                NOORABAD, MORENA (MADHYA PRADESH)

                          4.    BHAVOOTI GURJAR S/O DILEEP SINGH GURJAR,
                                AGED ABOUT 25 YEARS, R/O GRAM NAKA THANA
                                MATA BASAIYA MORENA (MADHYA PRADESH)

                          5.    BHURA GURJAR S/O LAXMAN SINGH GURJAR,
                                AGED ABOUT 34 YEARS, R/O GRAM BAREDA,
                                GHARAIYA KA PURA, THANA NOORABAD,
                                MORENA (MADHYA PRADESH)

                          6.    SMT USHA W/O SHRI JITENDRA SINGH GURJAR,
                                AGED ABOUT 37 YEARS, GRAM GHURAIYA KA
Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 6/14/2023
2:37:39 PM
                                                          2
                                    PURA, BAINDA, THANA NOORABAD, MORENA
                                    (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                          (SMT ANJALI GYANANANI-PUBLIC PROSECUTOR FOR RESPONDENT
                          NO.1/STATE)

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

This criminal appeal under Section 372 of Cr.P.C. has been filed by the appellant/complainant against the judgment dated 28/02/2023 passed by Special Judge (POCSO), Morena, District Morena in Special Case No.59/2020, whereby respondent No.2 has been acquitted of the charges under Sections

363/34, 366/34, 376(3) and under Section 3/4(2) of POCSO Act and respondents No. 3 to 6 have been acquitted of the charges under Sections 363/34, 366/34 of IPC.

Having perused the impugned judgment, this Court is of the view that the Court below upon critical evaluation of the evidence placed on record has recorded impeccable findings and the same are found not to be vulnerable in the eyes of law, particularly findings recorded in paragraphs 20, 49 & 50 of the impugned judgment, therefore, this present appeal preferred by the appellant/complainant sans merits and is hereby dismissed.

                            (ROHIT ARYA)                                       (SANJEEV S KALGAONKAR)
                               JUDGE                                                     JUDGE

                          (Dubey)




Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 6/14/2023
2:37:39 PM