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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
VIVEK AGARWAL, RAMKUMAR CHOUBEY, JJ
THE STATE OF MADHYA PRADESH – Appellant
Versus
SHASHIKANT JOGI – Respondent
| Table of Content |
|---|
| 1. state's appeal regarding conviction and sentencing. (Para 1 , 2) |
| 2. interpretation of pocso act provisions in relation to ipc. (Para 3 , 4 , 5 , 6) |
| 3. court's dismissal of appeal due to incorrect application. (Para 7) |
| 4. imposition of costs for improper filing and required enquiry. (Para 8 , 9) |
| 5. call for enquiry into the actions of the responsible officials. (Para 10 , 11) |
ORDER
Per: Justice Vivek Agarwal
This Criminal Appeal is filed by the State being aggrieved of the judgment dated 24.01.2023 passed by learned Special Judge ( POCSO Act ), Tikamgarh (M.P.) in Special Case No. 27 of 2022, whereby learned trial Court has convicted and sentenced the accused Shashikant Jogi (respondent herein) as under:
2. Learned Government Advocate for the State submits that the accused has been sentenced only under Section 5(L)/6 of POCSO Act and has been directed to under go rigorous imprisonment for a period of 20 years and fine of Rs.20,000/- with default stipulations of one year rigorous imprisonment.
3. It is further submitted that, the appeal of the State is only on the ground that, once conviction was recorded under Section 376(2)(N) IPC, then there was no reason for the trial C
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