State of M.P. vs Salman Khan

Heard on the question of admission and perused the record. Against the judgment dated 06/04/2013 passed by I Additional Sessions Judge, Morena (State of M.P., Vs. Salman Khan) in S.T. No. 350/2012 by which the respondent herein/accused has been acquitted from the charge u/s 376 of IPC, the petitioner herein/State has preferred this application u/s 378(3) of the Code of Criminal Procedure, 1973 for grant of leave to file appeal.

The legality and propriety of the impugned judgment has been challenged on the ground of mis-appreciation of the evidence on record.

The respondent herein/accused has been prosecuted for the offence under Sections 363, 366 and 376 of IPC and he has been convicted and sentenced under Sections 363 and 366 of IPC, however, acquitted from the offence u/s 376 of IPC.

The learned Trial Court after appreciating and marshalling the evidence of the prosecutrix, the medical evidence as well as the other evidence available on record in detail ultimately in the impugned judgment found that the offence u/s 376 of IPC charged against the respondent has not been found proved on account of non-availability of the cogent evidence on record.

We have carefully gone through the reasons assigned by the learned Trial Court and found that the learned Trial Court has rightly arrived at a conclusion that the aforesaid charge levelled against the respondent is not proved and, eventually, acquitted him.

In view of the above, we do not want to deviate from the view taken by the learned Trial Court because the learned Public Prosecutor appearing on behalf of the petitioner has not been able to point out any perversity and illegality in the impugned judgment.

Looking to the reasoned judgment passed by the learned Trial Court, acquitting the respondent for the offence u/s 376 of IPC, even if another view is possible on the same set of evidence, no ground is made out warranting admission of this application for grant of leave to appeal (Referred to Hallu and Others Vs. State of Madhya Pradesh, ).

Resultantly, this application for leave to file appeal is dismissed. Certified copy as per rules.