The State Of Madhya Pradesh vs Pradeep Shakya
2023 Latest Caselaw 8756 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 14 th OF JUNE, 2023
                  CRIMINAL APPEAL No. 7268 of 2023

BETWEEN:-
STATE OF MADHYA PRADESH THROUGH KOTWALI,
DISTRICT SHIVPURI (MADHYA PRADESH)

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

AND
PRADEEP SHAKYA S/O DAMODAR SHAKYA, AGED 21
YEARS,    R/O VILLAGE KAPRANA THANA SIRSOD,
DISTRICT SHIVPURI (MADHYA PRADESH)

                                                             .....RESPONDENT


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

Heard on I.A. No.10062 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State seeking leave to appeal against the judgment of acquittal dated 23.02.2023 passed by Special Judge (POCSO Act) Shivpuri (M.P.) in Special Case No.67/2020, whereby the respondent has been acquitted of the charges levelled against him under Sections 363, 366, 376(2)(n) of IPC and under Sections 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 9 of Prohibition of Child Marriage Act.

We have heard learned Public Prosecutor appearing on behalf of State.

We have also perused the impugned judgment.

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 particularly in view of paras 11, 22, 25 and 32 of the impugned judgment is found to be impregnable, as neither there is any illegality nor irregularity in the findings so recorded.

Accordingly, I.A. No.10062 of 2023 is rejected.

Consequently, present appeal stands dismissed.

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




                               YOGESH VERMA
                               2023.06.15
            VALSALA
            VASUDEVAN
            2018.10.26
            15:14:29 -07'00'
                               13:30:20 +05'30'