Citation : 2023 Latest Caselaw 8757 MP
Judgement Date : 14 June, 2023
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. 7264 of 2023
BETWEEN:-
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION MYANA,
DISTRICT GUNA (MADHYA PRADESH)
.....APPELLANT
(BY MS. ANJALI GYANANI - PUBLIC PROSECUTOR)
AND
1. SANJEEV DHAKAD S/O SHRI MOHANSINGH
DHAKAD, AGED ABOUT 30 YEARS, OCCUPATION:
DRIVARI, R/O VILLAGE PATAI SARAY, THANA
MYANA, GUNA (MADHYA PRADESH)
2. PROSECUTRIX R/O VILLAGE PATAI, DISTRICT
GUNA, THANA MYANA KE CRIME NO. 281/2019
(MADHYA PRADESH)
.....RESPONDENTS
Th is appeal coming on for admission this day, JUSTICE ROHIT
ARYA passed the following:
ORDER
This appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 by the State is directed against the judgment dated 28.02.2023 passed by Special Judge (POCSO Act), Guna in Special Case No.139/2019 seeking leave to appeal.
Upon perusal of the impugned judgment, particularly in the light of the Signature Not Verified Signed by: MONIKA SHARMA Signing time: 15-06-2023 12:04:51 PM
finding recorded in paragraph 27, we are of the considered view that correct principles of law have been applied while acquitting the accused and the learned Trial Judge upon critical evaluation of the evidence placed on record has reached to an impeccable finding of facts not impregnated with illegality.
Consequently, neither there is any illegality nor irregularity in the findings so recorded.
Accordingly, the instant appeal is hereby dismissed.
(ROHIT ARYA) (SANJEEV S KALGAONKAR)
JUDGE JUDGE
Monika
Signature Not Verified
Signed by: MONIKA
SHARMA
Signing time: 15-06-2023
12:04:51 PM
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