Raju @ Rajeev vs The State Of Madhya Pradesh
2021 Latest Caselaw 3980 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.38501/2021 Raju @ Rajeev vs. State of MP

Through Video Conferencing.

Gwalior, Dated : 05-08-2021

Shri Avadhesh Parashar, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 23.10.2020 in connection

with Crime No.676/2020 registered at Police Station Dehat Bhind

Distt. Bhind for offence under Sections 376, 506, 450 of IPC and

Section 3, 4 of POCSO Act.

It is submitted by counsel for the applicant that the prosecutrix

has been examined and she has turned hostile and has not supported

the prosecution case. However, it is fairly conceded that the copy of

deposition sheet of the prosecutrix has not been placed on record.

Per contra, it is submitted by Counsel for the State that it is

clear from the rejection order that the prosecutrix had supported the

prosecution case in her examination-in-chief and thereafter her cross-

examination was deferred and in the cross-examination, she has taken

somersault. Thus, it is submitted that applicant was actively involved

in winning over the witnesses.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.38501/2021 Raju @ Rajeev vs. State of MP

Heard learned counsel for the parties.

According to the prosecution case, on 18.10.2020 at about 3:00

pm, when prosecutrix was alone in her house, the applicant knocked

the door and requested for water. When water was offered to him, he

forcibly entered inside the house and committed rape. The age of the

prosecutrix is less than 16 years. From the rejection order, it is clear

that the prosecutrix had supported the prosecution case in the

examination-in-chief but in the cross-examination conducted at a

later stage, she took a somersault. Thus, in the light of judgment

passed by the Supreme Court in case of Khujji alias Surendra

Tiwari Vs. State of M.P., (1991) 3 SCC 627, it is for the trial Court

to appreciate the evidence of the prosecutrix.

At this stage, no case is made out for grant of bail.

The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2021.08.05 18:45:49 +05'30'