Dilshad Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 1387 MP

                                     1                              CRA-2409-2021
        The High Court Of Madhya Pradesh
                   CRA-2409-2021
               (DILSHAD KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS)

1
Gwalior, Dated : 07-04-2021
      Shri Vikram Singh Chauhan, learned counsel for the applicant.
      Shri Ravi Vallabh Tripathi, Panel Lawyer for the respondent/State.

Case diary is available.

None for the respondent No.1/ complainant. It is submitted by the Counsel for the State that the complainant has

been informed about the pendency of this appeal, as required under Section 15-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Case Diary is available.

This appeal has been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the order dated 23.03.2021 passed by Special Judge, Bhind rejecting the bail application.

The appellant has been arrested on 09.10.2020 in connection with Crime

No.464/2020 registered by Police Station City Kotwali Distt. Bhind for offence punishable under Sections. 376, 294 of the IPC and Section 3 (1) (v), 3 (2) (w) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act It is submitted by Counsel for the appellant that the prosecutrix has been examined and she has not supported the prosecution case and at present there is no substantive piece of evidence.

Per contra the application is vehemently opposed by the Counsel for the State. It is submitted that in the light of judgment of the Supreme Court in the case of Hemudan Nanbha Gadhvi vs. State of Gujrat reported in (2019) 17 SCC 523, even if the prosecutrix has turned hostile, still the accused can be convicted with the help of scientific evidence.

2 CRA-2409-2021 In view of the FSL report, no case is made out for grant of bail. The appeal fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE

ar

ABDUR RAHMAN 2021.04.08 10:13:14 +05'30'