Dharmendra Namdev vs The State Of Madhya Pradesh
2021 Latest Caselaw 8321 MP

THE HIGH COURT OF MADHYA PRADESH Cr.A.7055/2021 Dharmendra Namdev v. State of M.P and Anr.

Gwalior, Dated: 06.12.2021

Shri Sanjeev Agarwal, Counsel for the appellant.

Shri Nitin Goyal, Counsel for State.

None for the 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.

Heard on I.A. No. 32547/2021 an application seeking

permission of this Court to convert this appeal into an application

under Section 439 of Cr.P.C.

It is submitted that in view of the judgment passed by this

Court in the case of Pramod Yadav vs. State of M.P passed in

Criminal Appeal No. 5189/2020 (Jabalpur Seat), the Criminal

Appeal under 14-A of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act is not maintainable as an offence under

Section 3/ 4 of POCSO Act has also been registered, therefore, this

appeal may be permitted to be converted into an application under

Section 439 of Cr.P.C.

In view of the judicial pronouncement by the Division Bench

of this Court in the case of Pramod Yadav (Supra), the aforesaid

THE HIGH COURT OF MADHYA PRADESH Cr.A.7055/2021 Dharmendra Namdev v. State of M.P and Anr.

application (I.A. No. 32547/2021) is allowed.

The office is directed to register the Criminal Appeal into an

application under Section 439 of Cr.P.C.

With aforesaid observations, this Criminal Appeal is finally

disposed of.

It is further submitted by the Counsel for the appellant that the

prosecutrix has been examined and she has not supported the

prosecution case.

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

Supreme Court in the case of Hemudan Nanbha Gadhvi vs. State

of Gujarat, passed on 28.09.2018 in Criminal Appeal No.913/2016

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

accused can be convicted with the help of circumstantial and

scientific evidence. Accordingly, he prays for and is granted two

week's time to requisition the DNA report.

District Magistrate, Shivpuri is also directed to inform this

Court as to whether the prosecutrix has been paid any compensation

in the light of the FIR lodged by her or not.

List this case on 22nd of December, 2021.

(G.S. Ahluwalia) Judge ar

ABDUR RAHMAN 2021.12.06 17:52:05 +05'30'