The State Of Madhya Pradesh vs Mangal Singh Rawat
2024 Latest Caselaw 6096 MP

Madhya Pradesh High Court

The State Of Madhya Pradesh vs Mangal Singh Rawat on 28 February, 2024

Author: Rohit Arya

Bench: Rohit Arya

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                        HON'BLE SHRI JUSTICE ROHIT ARYA
                                                       &
                                   HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
                                              ON THE 28 th OF FEBRUARY, 2024
                                            CRIMINAL APPEAL No. 2731 of 2024

                           BETWEEN:-
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION KOTWALI SHIVPURI DISTRICT SHIVPURI
                           (M.P. ) (MADHYA PRADESH)

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

                           AND
                           1.    MANGAL SINGH RAWAT S/O SHRI KALYAN
                                 SINGH RAWAT, AGE 28 YEARS, R/O SINGH NIWAS,
                                 POLICE STATION KOTWALI DISTRICT SHIVPURI
                                 (M.P.) (MADHYA PRADESH)

                           2.    AB HIYOKTR I R/O GRAM RATOR, SHIVPURI
                                 THANA KOTWALI KE CRIME NO. 680/2021 KI
                                 FARIYADI HAI (MADHYA PRADESH)

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

                                 Th is appeal coming on for admission this day, Justice Rohit Arya
                           passed the following:
                                                              ORDER

Present appeal under Section 14A(1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been preferred against the judgment of acquittal dated 11.12.2023 passed by Special Judge (POCSO Act), Shivpuri (M.P.) in S.C.No.39/2022; whereby, respondent No.1 has been acquitted of the charges levelled against him under Section 363, 366, 376(2)(n)

of IPC, under Section 5(L) of POCSO Act and under Section 3(2)(va), 3(2)(v) of SC/ST Act.

We have heard learned counsel for the State. We have also perused the impugned judgment.

T h e conclusion of acquittal drawn in favour of the respondent No.1/accused particularly, in view of paragraphs 14, 16, 21 and 23 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)                                      (BINOD KUMAR DWIVEDI)
                                 JUDGE                                                  JUDGE
                           ojha