The State Of Madhya Pradesh vs Sunny
2024 Latest Caselaw 21328 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Sunny on 6 August, 2024

                                                              1                         MCRC-37986-2020
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                      HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
                                                  ON THE 6 th OF AUGUST, 2024
                                            MISC. CRIMINAL CASE No. 37986 of 2020
                                               THE STATE OF MADHYA PRADESH
                                                           Versus
                                                          SUNNY
                           Appearance:
                                   Shri Rajesh Joshi - Govt. Advocate for the applicant / State.
                                   Shri Vasant Zokarkar - Advocate for respondent.

                                                               ORDER

This is an application under Section 378(3) of Cr.P.C. moved on behalf of the State seeking leave to appeal against the judgment of acquittal dated 29/01/2020 passed in S.T. No.334/2019 by Special Judge (POCSO Act) / VI Additional Sessions Judge, Ujjain (M.P.) by which the respondent Sunny S/o Tejsingh has been acquitted of the charge under Sections 354-D, 354, 506 and 34 of Indian Penal Code, 1860 and Section 7/8 of Protection of Children from Sexual Offences Act, 2012.

2. Heard learned counsel appearing for the applicant / State and counsel for the respondent / accused.

3. Conclusion of the acquittal drawn in favour of the respondent is based on due appreciation of evidence particularly in view of paragraphs 17 to 33 of the impugned judgment, appears to be reasonable and plausible based on proper appreciation of evidence. The judgment and the reasoning

2 MCRC-37986-2020 thereof is not manifestly illegal or perverse to make out a case of miscarriage of justice. The judgment is impregnable as neither there is any illegality or irregularity in the findings so recorded. Therefore, no compelling or substantial reasons for interference by this appellate Court and for grant of leave to appeal, is made out.

4. Consequently, the present application for grant of leave to appeal stands dismissed.

(BINOD KUMAR DWIVEDI) JUDGE

Tej