Hariom @ Chhuto Kevat vs The State Of Madhya Pradesh
2021 Latest Caselaw 724 MP

1 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.13926/2021 Hariom @ Chhuto Kevat Vs. State of MP and another

Gwalior, Dated:15/03/2021

Shri Rameshwar Rawat, Advocate for applicant.

Shri Lokendra Shrivastava, Public Prosecutor for the State.

Case diary is available.

This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

The applicant has been arrested on 29/10/2020 in connection

with Crime No.283/2020 registered at Police Station Bhander,

District Datia for offence under Sections 376 (D), 450, 323 of IPC

and Sections 5 (G), 6 of the POCSO, Act.

It is submitted by the counsel for the applicant that the

prosecutrix has been examined and she has not supported the

prosecution case and she has turned hostile. However, it is submitted

by the counsel for the State that 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 even if the

prosecutrix has turned hostile, still the accused can be convicted with

the help of scientific evidence. The allegations against the applicant

are that he had committed rape on a minor girl.

Heard learned counsel for the parties.

It is true that the prosecutrix has not supported the prosecution

case and she has narrated that although some hot talk had taken 2 THE HIGH COURT OF MADHYA PRADESH M.Cr.C. No.13926/2021 Hariom @ Chhuto Kevat Vs. State of MP and another

place, but she was never ravished by the applicant.

According to the prosecution case, the date of birth of the

prosecutrix is 5/2/2004, which clearly shows that even today she is

minor.

Be that whatever it may.

The FSL report indicates that human sperms were found in the

vaginal swab of the prosecutrix. DNA test report has not been

received so far. Accordingly, this application is dismissed with

liberty to the applicant to revive the prayer after the receipt of DNA

test report.

(G.S. Ahluwalia) Judge Arun* ARUN KUMAR MISHRA 2021.03.16 14:50:35 +05'30'