The State Of Madhya Pradesh vs Santosh Bheel
2023 Latest Caselaw 14421 MP

                                 1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                         BEFORE
            HON'BLE SHRI JUSTICE ROHIT ARYA
                            &
    HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY
                  ON THE 2 nd OF SEPTEMBER, 2023
                CRIMINAL APPEAL No. 11272 of 2023

BETWEEN:-
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION MAKSUDANGARH DISTRICT GUNA (MADHYA
PRADESH).

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

AND
SANTOSH BHEEL S/O RAMDAYAL BHEEL, AGED ABOUT
22   YEARS, R/O VILLAGE MANAKPURA THANA
MAKSUDANGARH,      DISTRICT  GUNA    (MADHYA
PRADESH).

                                                           .....RESPONDENT


      Th is appeal coming on for admission this day, Justice Rohit Arya

passed the following:
                                  ORDER

Heard on I.A. No.16270 of 2023, which is an application under Section 378 (3) Cr.P.C. moved on behalf o f State seeking leave to appeal against the judgment of acquittal dated 13.06.2023 passed by the Special Judge (POCSO Act) Guna (Madhya Pradesh) in case No. SC/83/2020, whereby respondent has been acquitted of charges levelled against him under Sections 363, 366(A) and 376(1) of IPC and Section 3/4 of the POCSO Act.

We have heard learned Public Prosecutor appearing on behalf of State.

We have also perused the impugned judgment.

T h e conclusion of acquittal drawn in favour of the respondent particularly, in view of paragraphs 18, 19, 21, 22, 28, 29, 32 to 34 of the impugned judgment, appears to be reasonable and plausible based on proper appreciation of evidence. The judgment and the reasoning thereof, are not manifestly illegal or perverse to make out a case of miscarriage of justice. The judgment is impregnable as neither there is any illegality nor irregularity in the finding so recorded. Therefore, no compelling or substantial reasons for interference by this appellate Court and for grant of leave to appeal, are made out.

Accordingly, I.A.No.16270 of 2023 is rejected.

Consequently, present appeal stands dismissed.

        (ROHIT ARYA)                          (ROOPESH CHANDRA VARSHNEY)
           JUDGE                                         JUDGE
   SP

SANJEEV KUMAR
PHANSE
2023.09.06
16:11:08 +05'30'