Dilip Rawat vs The State Of Madhya Pradesh
2021 Latest Caselaw 2275 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.27441/2021 (DILIP RAWAT VS. STATE OF M.P.)

Gwalior, Dated : 11/06/2021

Shri Atul Gupta, learned counsel for the applicant.

Shri Nitin Goyal, learned counsel for the State.

Heard finally, through video conferencing.

Case diary is available.

This fourth bail application under Section 439 of Cr.P.C. has

been filed for grant of bail.

The applicant has been arrested on 05/06/2020 in connection

with Crime No.214/2020 registered at Police Station Sabalgarh,

District Morena for offence under Sections 363, 506, 376(3)/34 of

IPC and Section 3/4 of the POCSO Act.

This repeat application has been filed on the ground that the

father of the applicant is suffering from tuberculosis and to

substantiate his arguments, has filed a certificate dated 13/05/2021 to

the effect that the father of the applicant is likely to be treated for

long.

Per contra, the application is vehemently opposed by the

Counsel for the State.

Heard the learned Counsel for the parties.

The counsel for the applicant could not give details of the other

family members. Furthermore, according to the applicant himself, his

father is suffering from tuberculosis from the year 2018, whereas the

offence was committed in the year 2020. On the date of commission

of offence, the applicant was aware of the fact that his father is

suffering from tuberculosis and he may be required for treatment at

any time.

Be that whatever it may be.

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 scientific and

circumstantial evidence. In the present case, the DNA test report,

clearly indicates the presence of DNA profile of the applicant in the

vaginal slide of the prosecutrix.

Whether the evidence is sufficient for conviction or not cannot

be decided by this Court at this stage and it is for the Trial Court to

look into that aspect in the light of judgment passed by the Supreme

Court in the case of Hemudan Nanbha Gadhvi (supra).

As no change in circumstance could be pointed out by the

counsel for the applicant, accordingly, the application fails and is

hereby dismissed.

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

PRINCEE BARAIYA 2021.06.14 10:14:32 -07'00'