Golu Alias Vishram vs State Of Mp
2021 Latest Caselaw 1458 MP

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            THE HIGH COURT OF MADHYA PRADESH
                         CRA No.310/2021
             (GOLU @ VISHRAM VS. STATE OF M.P. & ANR.)

Gwalior, Dated : 09.04.2021

         Shri V.K.Sahu, learned counsel for the appellant.

         Shri R.K.Awasthi, learned Public Prosecutor for the State.

         None for the respondent No.2/complainant.

Heard finally, through video conferencing.

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 12/01/2021 passed by Special Judge

(Atrocities) Ashoknagar rejecting the bail application.

The appellant has been arrested on 09/12/2020 in connection

with Crime No.240/2020 registered by Police Station Chanderi,

District Ashoknagar for offence punishable under Sections 363,

366A, 376(2)(n), 376(2)(j) of IPC, Section 5(j)(ii)/6 of the POCSO

Act and Section 3(1)(w)(i) and 3(2)(v) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act (in short "SC/ST

Act").

It is submitted by Shri Awasthi that although the prosecutrix

has turned hostile but DNA test report has been received, according

to which the DNA profile of the appellant was found in the Vaginal

swab and other articles of the prosecutrix.

In view of the fact that the DNA profile of the appellant has

matched with the DNA found in vaginal slide of the prosecutrix as

well as in the light of judgment passed by Supreme Court in the case

of Hemudan Nanbha Gadhvi vs. State of Gujarat, passed on

28.09.2018 in Criminal Appeal No.913/2016 in which it has been

held that even if the prosecutrix has turned hostile, still the accused

can be convicted with the help of scientific evidence, no case is made

out for grant of bail to the appellant.

Accordingly, the appeal fails and is hereby dismissed.

(G.S. Ahluwalia) Judge Pj'S/-

PRINCEE BARAIYA 2021.04.09 17:14:45 -07'00'