Vishram Baghel vs State Of Mp
2022 Latest Caselaw 5784 MP

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                     THE HIGH COURT OF MADHYA PRADESH
                               MCRC No.19050/2022
                          Vishram Baghel vs. State of M.P.

           Gwalior, Dated : 20/04/2022

                 Shri Ankur Tiwari, Counsel for the applicant.

                 Shri C.P. Singh, Counsel for respondent/State.

It is submitted by the counsel for the applicant that the

prosecutrix has turned hostile and even otherwise there is no

allegation of rape against the applicant.

However, it is submitted by the counsel for the State that

allegations were that he had instigated the other co-accused persons to

commit rape on the prosecutrix and 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 turns hostile, still an accused can be convicted with the

help of forensic/scientific evidence and, accordingly, he submits that

he may be granted sometime to obtain the DNA test report to find out

as to whether the DNA profile of the co-accused were found in the

incriminating articles of the prosecutrix or not.

Prayer accepted.

List in week commencing 9.5.2022.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2022.04.20 15:34:22 +05'30'