The State Of Madhya Pradesh vs Uttam Pardi
2023 Latest Caselaw 9309 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. 7258 of 2023

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH THROUGH POLICE
                          STATION DHARNAWADA, DISTRICT GUNA (MADHYA
                          PRADESH)

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

                          AND
                          UTTAM PARDI S/O GAUTAM PARDI, AGED ABOUT 22
                          Y E A R S , VILLAGE   KHEJDACHAK      THANA
                          DHARNAWADA, DISTRICT GUNA (MADHYA PRADESH)

                                                                                    .....RESPONDENTS


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

Heard on I.A. No.10056 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 dated11/03/2023 passed by Special Judge (POCSO Act) Guna (M.P.) in Special Case No.79/2020, whereby the respondent has been acquitted of the charges levelled against him under Sections 363-A, 366-A, 376(3) of IPC and under Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012.

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

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 15, 17, 24 and 25 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.10056 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