Kamal vs The State Of Madhya Pradesh
2021 Latest Caselaw 7653 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.56525/2021 Kamal vs. State of M.P.

Gwalior, Dated :22.11.2021

Shri Rajesh Pathak, Counsel for the applicant.

Shri C.P. Singh, Counsel for the State.

Case diary is available.

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

filed for grant of bail.

The applicant has been arrested on 08.12.2020 in connection

with Crime No.240/2020 registered at Police Station Mragwas Distt.

Guna for offence under Section 376-D, 506 of IPC and Section 3/ 4 of

POCSO Act.

It is submitted by the counsel for the applicant that prosecutrix

has turned hostile and has not supported the prosecution case.

Per contra, it is submitted by Counsel for the State that as per

the FSL report, human sperms were found and in the DNA test report

very low un-interpretable (Y) chromosomes were found which clearly

indicates that the prosecutrix was subjected to sexual intercourse. It is

further submitted that in the light of judgment passed in the case of

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

17 SCC 523, the accused can be convicted on the basis of

scientific/forensic evidence.

At this stage, Counsel for the applicant seeks permission of this

Court to withdraw this application.

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.56525/2021 Kamal vs. State of M.P.

It is accordingly, dismissed as withdrawn.

(G.S. Ahluwalia) Judge ar

ABDUR Digitally signed by ABDUR RAHMAN DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b 510cc133f1b56faa63e77b,

RAHMAN pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E 28EB, serialNumber=1B0EA1B496C965067285A628B81AE07B60D 342048B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN Date: 2021.11.22 16:48:46 -08'00'