Mohan Singh Nayak vs The State Of Madhya Pradesh
2021 Latest Caselaw 766 MP

                                     1                           MCRC-14135-2021
           The High Court Of Madhya Pradesh
                     MCRC-14135-2021
                  (MOHAN SINGH NAYAK Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 16-03-2021
         Shri Awadhesh Parashar, Counsel for the applicant.

         Shri Ravi Ballabh Tripathi, Panel Lawyer for the respondent/State.

Case diary is available.

This is second application filed under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 23.11.2020 in connection with Crime No.289/2020 registered by Police Station Myana, District Guna for offence under Sections 363, 368, 376, 323, 34 of IPC and under Section 3/4 of 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.

Per contra, the application is vehemently opposed by the counsel for the respondent/State. It is submitted by the counsel for the State that

according to the school record, the date of birth of the prosecutrix is 28.11.2005 and in the FSL report, sperms were found on the vaginal slide of the prosecutrix.

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, this Court is of the considered opinion that even if the prosecutrix has not supported the prosecution case but still the accused can be convicted with the help of scientific evidences.

In view of the FSL report, no case is made out for grant of bail. The application fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE (alok)

Digitally signed by ALOK KUMAR Date: 2021.03.16 17:41:43 +05'30'