The State Of Madhya Pradesh vs Ramu Tomar @ Ram Naresh Tomar
2023 Latest Caselaw 15623 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. 12086 of 2023

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

                                                                                        .....APPELLANT
                           (BY SHRI A.K.NIRANKARI- PUBLIC PROSECUTOR FOR THE
                           STATE/APPELLANT)

                           AND
                           RAMU TOMAR @ RAM NARESH TOMAR S/O SHRI
                           JAGDISH     TOMAR, AGED    ABOUT    35 YEARS,
                           OCCUPATION: RIKSHA CHALAK R/O BLOCK NO E 04/
                           H.NO. 205 ATARSUMA ROAD AWASIYA COLONY THANA
                           CIVIL LINES DISTRICT MORENA AT PRESENT VILLAGE
                           PARTH PURA THANA SIHONIYA DISTRICT MORENA
                           (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (NONE FOR THE RESPONDENT)

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

Heard on I.A. No.17551 of 2023, which is an application under Section 378(3) of Cr.P.C. moved on behalf of State seeking leave to appeal against the judgment of acquittal dated 16/06/2023 passed by Special Judge (POCSO Act), Morena (M.P.) in SC. No.87/2021.

We have heard learned Public Prosecutor appearing on behalf of State. Signature Not Verified Signed by: PRINCEE BARAIYA Signing time: 23-09-2023 01:22:28 PM

We have also perused the impugned judgment.

The conclusion of acquittal drawn in favour of respondent particularly, in view of paragraphs 21, 25 and 48 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.17551 of 2023 is rejected.

Consequently, 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