The State Of Madhya Pradesh vs Manoj Visvakarma
2023 Latest Caselaw 15622 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 22 nd OF SEPTEMBER, 2023
                                            CRIMINAL APPEAL No. 7307 of 2023

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

                                                                                        .....APPELLANT
                           (BY SHRI RAJESH SHUKLA- ADDITIONAL ADVOCATE GENERAL FOR
                           APPELLANT/STATE)

                           AND
                           1. MANOJ VISVAKARMA S/O SHRI RAMSINGH
                           VISVAKARMA, AGED 30 YEARS, R/O KARONDKLA
                           WARD NO. 70 HUJUR BHOPAL POLICE STATION KAROD
                           BHOPAL DISTRICT BHOPAL (MADHYA PRADESH)
                           2.   PROESECUTRIX/   COMPLAINANT      THROUGH
                           KOTWALI DISTRICT VIDISHA CRIME NO.467/2019

                                                                                     .....RESPONDENTS
                           (NONE FOR THE RESPONDENTS)

                                 This appeal coming on for hearing this day, Justice Rohit Arya passed
                           the following:
                                                             ORDER

Pres ent appeal under Section 14(A)(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been preferred against the judgment of acquittal dated 27/03/2023 passed by Third Additional Sessions Judge/Exclusive Special Judge POCSO Act, 2012, Vidisha (M.P.) in S.C.ATR No.182/2019; whereby, respondent No.1 has been acquitted of the Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 23-09-2023 01:22:28 PM

charges levelled against him under Sections 363, 366, 376(3) and 376(2)(n) IPC, under Section 5/6 of POCSO Act and under Section 3(2)(v) and 3(2)(va) of SC/ST Act.

T h e conclusion of acquittal drawn in favour of the respondent No.1/accused particularly, in view of paragraphs 12, 48, 49 and 53 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 are made out.

Consequently, the present appeal stands dismissed.

                              (ROHIT ARYA)                            (ROOPESH CHANDRA VARSHNEY)
                                 JUDGE                                           JUDGE
                           Pj'S/-




Signature Not Verified
Signed by: PRINCEE
BARAIYA
Signing time: 23-09-2023
01:22:28 PM