Madhya Pradesh High Court
The State Of Madhya Pradesh vs Shivkumar @ Shiva Garg on 7 February, 2023
Author: Rohit Arya
Bench: Rohit Arya, Satyendra Kumar Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ROHIT ARYA
&
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
ON THE 7 th OF FEBRUARY, 2023
CRIMINAL APPEAL No. 528 of 2023
BETWEEN:-
THE STATE OF MADHYA PRADESH INCHARGE POLICE
STATION THROUGH POLICE STATION KOTWALI
(MADHYA PRADESH)
.....APPELLANT
(BY MR. A.K. NIRANKARI - PUBLIC PROSECUTOR)
AND
SHIVKUMAR @ SHIVA GARG S/O VISHAMBHAR GARG,
AGED ABOUT 37 YEARS, PORBAL MANDIR KE PAAS
JOSHI MOHALLA SHEOPUR POLICE STATION KOTWALI
(MADHYA PRADESH)
.....RESPONDENTS
This appeal coming on for hearing this day, JUSTICE ROHIT ARYA
passed the following:
ORDER
Heard on IA.581/2023, which is an application under Section 378(3) Cr.P.C. moved on behalf of State against the judgment of acquittal dated 11.10.2022 passed by Special Judge (Protection of Children From Sexual Offences Act, 2012) Sheopur (M.P.) in Sessions Case No.74/2019 whereby the respondent has been acquitted of the charges levelled against him under Sections 376(2)(n) and 506 Part-II of IPC.
We have heard learned Public Prosecutor appearing on behalf of State.
Signature Not Verified Signed by: BARKHA SHARMA Signing time: 07-Feb-23 5:11:47 PM 2We have also perused the impugned judgment.
In the light of the findings of the Trial Court which are based on critical evaluation of the evidence on record, conclusion of acquittal drawn particularly in view of paragraphs 36, 49 and 50 of the impugned judgment is found to be impregnable. Accordingly, IA.581/2023 is rejected.
Consequently, present appeal stands dismissed.
(ROHIT ARYA) (SATYENDRA KUMAR SINGH)
JUDGE JUDGE
bj/-
Signature Not Verified
Signed by: BARKHA
SHARMA
Signing time: 07-Feb-23
5:11:47 PM