Mohammad Baris @ Chhotu vs The State Of Madhya Pradesh
2021 Latest Caselaw 7816 MP

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      THE HIGH COURT OF MADHYA PRADESH
                CRA No.6547/2021
  (MOHAMMAD BARIS @ CHHOTU VS. STATE OF M.P. &
                    ANR.)

Gwalior, Dated : 25/11/2021

      Shri R.K.Sharma, learned counsel for the appellant.

      Shri C.P.Singh, learned counsel for the State.

      None for the respondent No. 2/complainant.

It is submitted by the counsel for the State that the complainant

has been informed about the pendency of this appeal as required

under Section 15-A of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act (in short "Act").

Case diary is available.

This appeal has been filed under Section 14-A (2) of the Act

against the order dated 22/06/2021 passed by Special Judge

(Atrocities Act) Bhind, rejecting the bail application.

The appellant has been arrested on 27/05/2021 in connection

with Crime No.236/2021 registered by Police Station City Kotwali,

District Bhind for offence punishable under Sections 354, 294, 506,

336 and 34 of IPC, Sections 3(2)(va), 3(1)(n), 3(1)(/k) of the Act and

Section 25/27 of the Arms Act.

It is submitted by the counsel for the appellant that according

to the prosecution case, the modesty of the proseuctrix was outraged

by the appellant. It is submitted that the prosecutrix has been

examined and she has stated that her modesty was never outraged. In

THE HIGH COURT OF MADHYA PRADESH CRA No.6547/2021 (MOHAMMAD BARIS @ CHHOTU VS. STATE OF M.P. & ANR.)

fact three persons had come with their covered faces and one of them

had caught hold of her hand. On being declared hostile, she further

stated that the appellant did not catch hold of her hand and did not

press her breast. She further denied that she had not voluntarily

disclosed the names of the accused persons including the appellant

and said that in fact she had disclosed the names of the accused

persons on the information given by the local residence. She further

denied that certain allegations were made by her in her police

statement. She further claimed that although the police had video-

graphed the recording of her statement but claimed that she had given

the said statement as per the dictations of the police. She further

admitted that she has compromised with the accused persons.

However, she denied that on account of compromise, she has not

disclosed the truth before the Court.

This Court by order dated 16/11/2021 had directed to State

counsel to find out as to whether any compensation under the Act,

1989 has been paid to the complainant or not.

The State has filed its reply and has submitted that on the basis

of FIR lodged by the complainant, 50% of the compensation amount

i.e. Rs.1,00,000/- has been credited in the account of the complainant

maintained in Punjab National Bank, Bhind.

THE HIGH COURT OF MADHYA PRADESH CRA No.6547/2021 (MOHAMMAD BARIS @ CHHOTU VS. STATE OF M.P. & ANR.)

The compensation is paid to the victims on account of offence

committed against them. If, the victims resile from their statements/

allegations and claim before the Court that no offence was committed

against them, then it is clear that they were not entitled for any

compensation. If the victim has taken the compensation by alleging

that he/she was subjected to offence, then they cannot keep the

compensation with him or her, even after claiming before the Court

that in fact no offence had taken place.

Since the prosecutrix has claimed that no offence was

committed by the appellant and other co-accused persons, therefore,

it is clear that she is not entitled to retain the compensation amount,

which she has already been received from the State.

Accordingly, the Branch Manager Punjab National Bank,

Bhind (IFSC Code PUNB0606800) is directed to stop the payment of

Rs.1,00,000/- of the prosecutrix, which was deposited by the State in

her Account No.6068001700073808.

The District Magistrate, Bhind is directed to recover the

amount of Rs.1,00,000/-, which was transferred to the account of the

prosecutrix on the basis of FIR lodged by her in Crime No.236/2021,

within a period of 15 days from today and he shall submit his report

before the Principal Registrar of this Court within 20 days from

THE HIGH COURT OF MADHYA PRADESH CRA No.6547/2021 (MOHAMMAD BARIS @ CHHOTU VS. STATE OF M.P. & ANR.)

today.

At this stage, it is submitted by the counsel for the State that

either the prosecutrix had lodged a false report on the incorrect

allegations or she has not narrated the truth before the Court,

therefore, she is liable to be prosecuted for giving false evidence.

So far as the question of prosecution of the prosecutrix is

concerned, it is a matter, which is yet to be decided by the Trial

Court.

Accordingly, it is directed that while deciding the trial, the

Trial Court shall also give a specific finding as to whether the

prosecution of the prosecutrix for giving false evidence is warranted

or not.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the appeal is allowed. It is

directed that the appellant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with

one surety in the like amount to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

THE HIGH COURT OF MADHYA PRADESH CRA No.6547/2021 (MOHAMMAD BARIS @ CHHOTU VS. STATE OF M.P. & ANR.)

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

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



         PRINCEE    Digitally signed by PRINCEE BARAIYA

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=ce88aa5b434891871d72ac984b02d2ddd305c37fea4a3 5278b8e97535318b1b3,

BARAIYA pseudonym=12959D38EFDD4E9F8F02E43EFDDA015080EAA5E A, serialNumber=B281CC6F9792A1E2420AB0ABDD14FAA54B9BC 4939BD6AE0DC537A866DD5F2D1D, cn=PRINCEE BARAIYA Date: 2021.11.25 17:32:16 -08'00'