The State Of Madhya Pradesh vs Anup
2023 Latest Caselaw 4349 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
             HON'BLE SHRI JUSTICE ROHIT ARYA
                             &
       HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                     ON THE 20 th OF MARCH, 2023
                  CRIMINAL APPEAL No. 4003 of 2023

BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION   SUBHASHPURA,   DISTRICT SHIVPURI
(MADHYA PRADESH).

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

AND
1.    ANUP S/O LATE BHAROSI ADIWASI, AGED ABOUT
      25 YEARS, R/O KARSENA THANA SUBHASHPURA,
      DISTRICT SHIVPURI (MADHYA PRADESH).

2.    KISHAN S/O KEDAR ADIWASI, AGED ABOUT 25
      YEAR S, R/O GRAM KARAU THANA BAMHARI
      DISTRICT SHIVPURI (MADHYA PRADESH).

                                                           .....RESPONDENTS


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

Heard on I.A.No.5173 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment of acquittal dated 24.01.2023 passed by Special Judge (Protection of Children From Sexual Offences Act, 2012), Shivpuri (Madhya Pradesh) in Special Case No. SC/2/2021, whereby respondent No.1 Anoop has been acquitted of the charges

levelled against him under Sections 120B, 363, 366, 376(2)(n), 344, 506B of IPC and Sections 6 and 17 of POCSO Act and respondent No.2 Kishan has been acquitted of the charges levelled against him under Sections 120B, 363, 366, 376(2)(n)/120B of IPC and Sections 6 and 17 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 paragraphs 10,12,26,34,36,39,40 and 41 of the impugned judgment is found to be impregnable. Accordingly, I.A.5173 of 2023 is rejected.

Consequently, present appeal stands dismissed.

         (ROHIT ARYA)                                (SATYENDRA KUMAR SINGH)
            JUDGE                                             JUDGE
    SP

SANJEEV
KUMAR PHANSE
2023.03.23
15:02:53 +05'30'