The State Of Madhya Pradesh vs Gajendra Singh Jatav
2023 Latest Caselaw 4541 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. 4024 of 2023

BETWEEN:-
STATE OF MADHYA PRADESH THROUGH INCHARGE
POLICE STATION BANMORE, DISTRICT MORENA
(MADHYA PRADESH)

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

AND
GAJENDRA SINGH JATAV S/O SHRI RAMUJILAL JATAV
ALIAS RAMJILAL R/O VILLAGE RAJODHA HUSAINPUR
AT PRESENT DANK BANGLA KE SAMNE, ANTRI,
KAILARAS DISTRICT MORENA (MADHYA PRADESH)

                                                            .....RESPONDENT


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

ARYA passed the following:
                                   ORDER

Heard on IA.5125 of 2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment of acquittal dated 09.12.2022 passed by Special Judge (POCSO Act) and VIII Additional Sessions Judge, District Morena (M.P.) in Special Sessions Trial No. 65 of 2021, whereby the respondent has been acquitted of the charges levelled against him under Sections 363, 366A, 376(2)(n) and 376(3) of IPC and Sections 5M/6, 5J(ii)/6 of the POCSO Act, 2012.

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 11, 12, 17, 26 and 34 of the impugned judgment is found to be impregnable. Accordingly, IA.5125 of 2023 is rejected.

Consequently, present appeal stands dismissed.

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




                            YOGESH
                            VERMA
                            2023.03.21
         VALSALA
         VASUDEVAN
         2018.10.26
         15:14:29 -07'00'
                            19:22:16
                            +05'30'