Khilaya vs The State Of Madhya Pradesh
2021 Latest Caselaw 824 MP

1 MCRC-14486-2021 The High Court Of Madhya Pradesh MCRC-14486-2021 (KHILAYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Gwalior, Dated : 17-03-2021 Shri Anshu Gupta, Counsel for the applicant. Shri Lokendra Shrivastava, Counsel for the State. Case Diary is available.

It is submitted by the counsel for the applicant that although the prosecutrix is minor, but she has turned hostile so far as the applicant is

concerned.

Per contra, it is submitted by the counsel for the State that in her statement under Section 161 of Cr.P.C., the prosecutrix had alleged that the applicant had also committed rape. It is further submitted that although the prosecutrix has turned hostile so far as the applicant is concerned, but 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, a person can be convicted on the basis of scientific evidence also.

Accordingly, two weeks time is granted to the State counsel to

produce the DNA test report.

List the case in the week commencing 05.04.2021.

(G.S. AHLUWALIA) JUDGE

Abhi ABHISHEK CHATURVEDI 2021.03.17 17:41:35 +05'30'