The State Of Madhya Pradesh vs Manoj Sahariya
2023 Latest Caselaw 9311 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. 7273 of 2023

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

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

                          AND
                          MANOJ SAHARIYA S/O PARWAT SINGH SAHARIYA,
                          AGED ABOUT 24 YEARS, R/O GRAM KEETAKHEDI
                          THANA MAKSOODANGARH, 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.10061 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 13/03/2023 passed by Special Judge (POCSO Act) Guna (M.P.) in Special Case No.57/2020, whereby the respondent has been acquitted of the charges levelled against him under Sections 450, 376(1) of IPC and under Sections 5(j)(ii)/6 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 13, 17 & 22 to 24 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.10061 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