Madhya Pradesh High Court
The State Of Madhya Pradesh vs Jitendra Gurjar @ Jitu on 13 April, 2017
M.Cr.C. No.2452/2017 13/04/2017
Shri Abhishek Soni, learned Deputy Govt. Advocate for applicant/State.
Heard on the question of admission and IA No. 2602/2017, an application for condonation of delay of 9 days in prefering this petition.
For the reasons assigned in para 2 and 3 of the application, sufficient ground has been made out to condone the delay.
Accordingly, IA No. 2602/2017 is allowed and delay of 9 days in filing this petition is hereby condoned.
State has come before this Court against judgment of acquittal dated 23/11/2016 passed by Sessions Judge, Shajapur in ST No. 156/2015, whereby learned Sessions Judge has acquitted the accused persons from the offence under Sections 392 and 120-B of the IPC.
On the basis of seizure of theft property from the possession of the petitioner he has been implicated in this case. As per para 11 to 20 of the impugned judgment learned trial Court found that evidence produced by the prosecution with regard to seizure of motorcycle and mobile phone and their identification and also the identification of the co-accused persons is not established beyond reasonable doubts.
Judgement passed by the learned trial Court is based on the proper appreciation of the evidence produced by the prosecution and there is no illegality or pervarsity in the finding recorded by the learned trial Court. Learned trial Court has rightly acquitted the accused persons because prosecution could not proved his case beyond reasonable doubts. Therefore, no ground for interfering in the impugned judgment is made out.
Accordingly, this leave to appeal is declined and the petition is hereby accordingly dismissed in limine.
(Virender Singh) Judge skt