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MADHYA PRADESH HIGH COURT
*Vivek Agarwal, Devnarayan Mishra, JJ.
State – Appellant
Versus
Satyendra Raj Pachlaniya, Luckky alias Vivek Badodiya – Respondent
| Table of Content |
|---|
| 1. background of the case regarding the acquittal. (Para 1 , 2) |
| 2. arguments raised by the prosecution regarding innocence. (Para 3 , 4) |
| 3. issues framed and the need for solid proof. (Para 5 , 6 , 19) |
| 4. discussion on contradictions and reasonable doubt. (Para 20 , 21 , 22) |
| 5. final ruling of dismissal of appeal. (Para 25 , 26 , 27 , 28) |
1. This appeal is filed by the State being aggrieved of judgment dated 30.8.2022 passed by learned 13th Additional Sessions Judge / Special Judge (POCSO Act) Bhopal in Special Case No.383/2021 whereby accused Satyendra Raj Pachlaniya has been exonerated from the charge of S.363, S.366, S.376 of the I.P.C and S.3/4 of the Protection of Children From Sexual Offences Act, 2012 (for short 'POCSO Act') and in addition to the aforesaid charges, accused Luckky alias Vivek Badodiya has been exonerated from the charge of S.16 of the POSCO Act.
2. The facts of the case are that the uncle of the victim / prosecutrix had lodged a report on 27.8.2017 at Police Station Ayodhya Nagar, Bhopal that the daughter of his brother - in - law i.e. prosecutrix / victim, who had come to his house from Itarsi on 27.8.2012 at about 8:00 PM after staying at his hou
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