High CourtsDivision Bench

State Of Madhya Pradesh vs Narsi Alias Naresh Adiwasi

Madhya Pradesh High Court · Decided on 12 April 2024 · Citation: (2024) 04 MP CK 0092

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 363, 366, 376 · Protection Of Children From Sexual Offences Act, 2012 — Section 4
RESULT
Dismissed
CASE NUMBER
Criminal Appeal No. 4609 Of 2024
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Judgment

8 paragraphs · 210 words

@JUDGEMENTTAG-JUDGMENT

Rohit Arya, J

1.

Heard on I.A. No. 7221 of 2024, an application under section 378(3) for grant of leave to appeal against the judgment of acquittal of respondents dated 03.01.2024 passed by Special Judge (POCSO Act, 2012), Shivpuri (MP) in Session Case No.65/2019, whereby respondent has been acquitted of charges levelled against him under Sections 363, 366, 376 of IPC and under Sections 4 of the Protection of Children From Sexual Offences Act, 2012.

2.

We have heard learned Public Prosecutor appearing on behalf of State.

We have also perused the impugned judgment.

3 . The conclusion of acquittal drawn in favour of the respondents particularly, in view of paragraphs No.9, 25, 33, 36 and 37 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. 7221 of 2024 is rejected.

5.

Consequently, present appeal stands dismissed.