Banwari vs The State Of Madhya Pradesh
2021 Latest Caselaw 9154 MP

                              1
          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.61103/2021
               Banwari vs. State of M.P. & Anr.

Gwalior, Dated : 22/12/2021

      Shri R.K. Shakya, Counsel for the applicant.

      Shri APS Tomar, Panel Lawyer for the respondent/State.

Case diary is not available.

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

filed for grant of bail. The fourth application was dismissed by order

dated 10.8.2021 passed in M.Cr.C.No.37925/2021.

The applicant has been arrested on 29.1.2021 in connection with

Crime No.54/2021 registered at Police Station Raghogarh, District

Guna for offence under Sections 376 and 450 of IPC.

It is submitted by the counsel for the applicant that the

prosecutrix has turned hostile and she has not supported the

prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. It is submitted by the consel for the

State that it is clear from the order dated 10.8.2021 passed in

M.Cr.C.No.37925/2021 that in the FSL report sperms were found in

the vaginal slide, swab as well as pubic heir of the prosecutrix and in

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

Hemudan Nanbha Gadhvi vs. State of Gujarat reported in (2019)

17 SCC 523 an accused can be convicted on the basis of serologist

report.

It is fairly conceded by Shri Shakya that the FSL report is a part

THE HIGH COURT OF MADHYA PRADESH MCRC No.61103/2021 Banwari vs. State of M.P. & Anr.

of the charge sheet and human sperms were found in the vaginal slide,

swab as well as pubic heir of the prosecutrix.

In the light of the judgment passed by the Supreme Court in the

case of Hemudan Nanbha Gadhvi (supra), no case is made out for

grant of bail. The application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge

(alok)

ALOK KUMAR 2021.12.22 16:18:55 +05'30'