The State Of Madhya Pradesh vs Sahid
2023 Latest Caselaw 8761 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. 7310 of 2023

BETWEEN:-
STATE OF MADHYA PRADESH THROUGH POLICE
STATION SHAMSABAD DISTRICT VIDISHA (MADHYA
PRADESH)

                                                              .....APPELLANT
(BY SHRI A. K. NIRANKARI - PUBLIC PROSECUTOR)

AND
SAHID S/O YASEEN KHAN, AGED 27 YEARS, R/O GRAM
MAMUKHEDI TAHSIL LATERI DISTRICT VIDISHA
(MADHYA PRADESH)

                                                            .....RESPONDENT


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

Heard on I.A. No.10108 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 25.03.2023 passed by Second Additional Sessions Judge and Special Judge (POCSO Act) Ganj Basoda, District Vidisha (M.P.) in Special Case No.54/2020, whereby the respondent has been acquitted of the charges levelled against him under Sections 363, 366, 376 IPC and under Section 3/4 of the Protection of Children from Sexual Offences Act, 2012.

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 para 19, 23, 24, 40, 49 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.10108 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'
                               13:26:16
                               +05'30'