The State Of Madhya Pradesh vs Anshul Dubey
2023 Latest Caselaw 4431 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. 3974 of 2023

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

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

AND
ANSHUL DUBEY S/O SHRI ASHOK DUBEY, AGED ABOUT
23 YEARS, R/O GRAM ARUSHI THANA ALAMPUR,
DISTRICT (MADHYA PRADESH)

                                                              .....RESPONDENT


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

This appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 by the State is directed against the judgment of acquittal dated 15.12.2022 passed by the Sixth Additional Sessions Judge/Special Judge (Protection of Children From Sexual Offences Act, 2012), Bhind (Madhya Pradesh) in Special Case No. SCATR/135/2019, whereby respondent has been acquitted of the charges levelled against him under Sections 363, 366A and Section 376(3) of IPC, Sections 3/4 of POCSO Act

and Section 3(2)(v) and 3(2)(va) of SCST 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 26, 27, 28, 41, 43 to 46 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
15:01:52 +05'30'