The State Of Madhya Pradesh vs Rajesh
2023 Latest Caselaw 4540 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 21 st OF MARCH, 2023
                  CRIMINAL APPEAL No. 2500 of 2023

BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION SHAMSHABAD, DISTRICT VIDISHA (MADHYA
PRADESH)

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

AND
RAJESH S/O HARNAM SINGH AHIRWAR, AGE 33 YEARS,
R/O GRAM UDAYPUR, THANA DEHAT BASODA,
DISTRICT VIDISHA (MADHYA PRADESH)

                                                            .....RESPONDENTS


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

Heard on I.A.No.3228 of 2023, which is an application under Section 378 (3) Cr.P.C. moved on behalf of State against the judgment dated 22.11.2022 passed by Second Additional Sessions Judge and Special Judge (Protection of Children from Sexual Offences Act, 2012), Ganjbasoda, District Vidisha (Madhya Pradesh) in Special Case No.19/2019, seeking leave to appeal.

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 in favour of

the respondent particularly in view of paragraphs 13, 17, 18, 20, 24, 41, 42, 52 and 53 of the impugned judgment is found to be impregnable as neither there is any illegality nor irregularity in the findings so recorded. Accordingly, IA. No.3228 of 2023 is rejected.

Consequently, the present appeal is dismissed.

.

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

    Digitally signed by
    ABHISHEK CHATURVEDI
    Date: 2023.03.21
    17:47:32 +05'30'