The State Of Madhya Pradesh vs Shivansh @ Siddharth
2023 Latest Caselaw 9523 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 23 rd OF JUNE, 2023
                 CRIMINAL APPEAL No. 7308 of 2023

BETWEEN:-
STATE OF MADHYA PRADESH THROUGH POLICE
STATION MADHOGANJ, DISTRICT GWALIOR (MADHYA
PRADESH)

                                                           .....APPELLANT
(BY MRS. ANJALI GYANANI - PUBLIC PROSECUTOR)

AND
SHIVANSH @ SIDDHARTH S/O BALAKDAS, AGED 21
YEARS, R/O JAGAN BHAIYA KI GALI MADHOGANJ, AT
PRESENT DHARMENDRA GOYAL KA MAKAN, DURGA
COLONY, DISTRICT GWALIOR (MADHYA PRADESH)

                                                         .....RESPONDENT


      Th is appeal coming on for admission this day, JUSTICE ROHIT

ARYA passed the following:
                                 ORDER

Heard on I.A. No.10106 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 18/01/2023 passed by Special Judge (POCSO Act) in SST No.08/2022, whereby the respondent has been acquitted of the charges levelled against him under Sections 366, 376(2)(n) and 376(3) of IPC and Sections 3 read with Section 4(2) and Section 5(L) read with Section 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, 44 and 45 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.10106 of 2023 is rejected.

Consequently, present appeal stands dismissed.

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




                               YOGESH VERMA
                               2023.06.24
            VALSALA
            VASUDEVAN
            2018.10.26
            15:14:29 -07'00'
                               14:51:08 +05'30'