The State Of Madhya Pradesh vs Vikram @ Khoju Shaky
2023 Latest Caselaw 9307 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 21 st OF JUNE, 2023
                                           CRIMINAL APPEAL No. 7267 of 2023

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION CITY KOTWALI DISTRICT BHIND (MADHYA
                          PRADESH)

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

                          AND
                          1.    VIKRAM @ KHOJU SHAKY S/O SANTOSH SHAKY,
                                AGED ABOUT 20 YEARS, R/O GRAM KANAWAR
                                THANA AMAYAN DISTRICT BHIND (MADHYA
                                PRADESH)

                          2.    ANIL SAKHYA S/O HARISINGH SAKHYA, AGED
                                ABOUT 24 YEARS, GRAM KANAWAR THANA
                                AMAYAN DISTRICT BHIND (MADHYA PRADESH)

                          3.    RAJESH SAKHYA S/O HARISINGH SAKHYA, AGED
                                ABOUT 35 YEARS, GRAM DHAWARIKA THANA
                                AMAYAN DISTRICT BHIND M.P. (MADHYA
                                PRADESH)

                                                                                  .....RESPONDENTS


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

Heard on I.A. No.10060 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State seeking leave to appeal against the Signature Not Verified Signed by: SUNEEL DUBEY Signing time: 6/22/2023 3:15:01 PM

judgment of acquittal dated 14/03/2023 passed by Sixth Additional Sessions Judge/Special Judge (POCSO Act) in ST No.147/2020, whereby the respondents No.1 & 3 namely Vikram and Rajesh have been acquitted of the charges levelled against them under Sections 363, 366, 366-A, 368, 365, 343/109, 376(2)(n) of IPC and under Sections 5(L)/6 of POCSO Act, 2012 & respondents No.2 namely Anil has been acquitted of the charges levelled against him under Section 368/109, 343/109, 376(2)(n)/109 of IPC and under Section 5(L)/6 of POCSO 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 33, 39, 45, 56, 57 & 58 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.10060 of 2023 is rejected. Consequently, present appeal stands dismissed.

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




Signature Not Verified
Signed by: SUNEEL DUBEY
Signing time: 6/22/2023
3:15:01 PM