Citation : 2023 Latest Caselaw 7367 MP
Judgement Date : 4 May, 2023
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 4 th OF MAY, 2023
CRIMINAL APPEAL No. 6098 of 2023
BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION LAHAR DISTRICT BHIND (MADHYA
PRADESH)
.....APPELLANT
(BY SHRI A.K.NIRANKARI-PUBLIC PROSECUTOR)
AND
1. RAMU KUSHWAH S/O DASHRATH KUSHWAH,
AGED 25 YEARS, R/O WARD NO 7, RAWAT
MOHALLA, THANA LAHAR, DISTRICT BHIND
(MADHYA PRADESH)
2. SUNIL KUSHWAH S/O SHRIRAM KUSHWAH, AGED
23 YEARS, R/O WARD NO.10 MADHYAPURA,
THANA LAHAR DISTRICT BHIND (MADHYA
PRADESH)
3. ABHIYOKTRI R/O WARD NO 10, GALI NO 2,
BHADHYAPURA LAHAR DISTRICT BHIND
(MADHYAPRADESH) THANA LAHAR KE CRIME
NO 244/2022 KI FARIYADI HAI
.....RESPONDENTS
Th is appeal coming on for admission this day, JUSTICE ROHIT
ARYA passed the following:
ORDER
This appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 by the State is directed against the
judgment dated 14.02.2023 passed by the Sixth Additional Sessions Judge/Special Judge (POCSO /SC&ST Act), Bhind in SCATR No.163/2020 seeking leave to appeal.
Upon perusal of the impugned judgment, particularly paragraphs 24, 32 & 33, we are of the considered view that the learned Trial Judge upon critical evaluation of the evidence placed on record has reached to an impeccable finding of facts not pregnable with illegality.
Consequently, neither there is any illegality nor irregularity in the findings so recorded.
Accordingly, the instant appeal is hereby dismissed.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
Aman
AMAN TIWARI
2023.05.06
15:28:25 +05'30'
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