The State Of Madhya Pradesh vs Kuldeep
2023 Latest Caselaw 7284 MP

Citation : 2023 Latest Caselaw 7284 MP
Judgement Date : 3 May, 2023

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Kuldeep on 3 May, 2023

Author: Rohit Arya

                                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 3 rd OF MAY, 2023
                 CRIMINAL APPEAL No. 6004 of 2023

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

                                                            .....APPELLANT
(BY SHRI A.K.NIRANKARI - PUBLIC PROSECUTOR)

AND
KULDEEP S/O BHARAT SEN, AGED ABOUT 22 YEARS,
R/O SESAIPURA SHEOPUR (MADHYA PRADESH).

                                                          .....RESPONDENT


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

Heard on I.A. No.7841 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 20.01.2023 passed by Special Judge (POCSO Act, 2012) Shivpuri (Madhya Pradesh) in Special S.T.No.SC/16/2021, whereby respondent has been acquitted of the charges levelled against him under Sections 363, 366, 376(3) of IPC and Section 6 and 9 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 para 24, 26,27 and 31 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.7841 of 2023 is rejected.

Consequently, present appeal stands dismissed.

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


SANJEEV
KUMAR PHANSE
2023.05.04
18:10:26 +05'30'