High CourtsDivision Bench

State Of Madhya Pradesh vs Kailash Aadiwasi

Madhya Pradesh High Court · Decided on 1 April 2024 · Citation: (2024) 04 MP CK 0006

HON’BLE JUDGES
Rohit Arya, J · Rajendra Kumar Vani, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 378(3) · Indian Penal Code, 1860 — Section 376 (2) (dha) · Protection Of Children From Sexual Offences Act, 2012 — Section 3, 4
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 3954 Of 2024
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Judgment

6 paragraphs · 201 words

Rohit Arya, J

1.

Heard on I.A. No. 6187 of 2024, an application under section 378(3) of Cr.P.C. for grant o f leave to appeal against the judgment of acquittal of respondent dated 23-12-2023 passed by First Additional Sessions Judge, Karera, District - Shivpuri whereby respondent has been acquitted of charges levelled against him under Section 376 (2) (dha) of I.P.C. and Sections 3/4 of the POCSO Act.

2.

We have heard learned counsel appearing on behalf of State. We have also perused the impugned judgment.

3 . The conclusion of acquittal drawn in favour of the respondent particularly, in view of paragraphs No.10, 12, 14, 38 and 41 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.

4.

Accordingly, the I.A. No. 6187 of 2024 is rejected.

5.

Consequently, present appeal stands dismissed.