Pankaj Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 4320 MP

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           THE HIGH COURT OF MADHYA PRADESH
                      CRA No.2099/2022
             Pankaj Kushwah vs. State of M.P. & Anr.

Gwalior, Dated : 28/03/2022

       Shri Shailendra Dwivedi, Counsel for the appellant.

       Shri PPS Vajeeta, Counsel for the respondent No.1/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 "the Act").

Case diary is available.

This second criminal appeal has been filed under Section 14-A

(2) of the Act against the order dated 4.2.2021 passed by Special

Judge (Atrocities Act) Ashoknagar, rejecting the bail application. The

first criminal appeal was dismissed by order dated 3.5.2021 passed in

CRA No.2475/2021.

The appellant has been arrested on 17.1.2021 in connection

with Crime No.10/2021 registered by Police Station Naisarai, District

Ashoknagar for offence punishable under Sections 363, 366, 366A,

376 of IPC, under Section 3/4 of the POCSO Act and under Section

3(1)(w), 3(2)(v) of the Act.

Since the prosecutrix has turned hostile, therefore, this Court by

order dated 3.3.2022 had directed the prosecution to produce the DNA

test report.

The DNA test report has been received, according to which the

THE HIGH COURT OF MADHYA PRADESH CRA No.2099/2022 Pankaj Kushwah vs. State of M.P. & Anr.

DNA profile of the appellant was found in the underwear and pubic

hair 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, it is clear that even if the

prosecutrix has turned hostile, still an accused can be convicted with

the help of scientific and forensic evidence.

In view of DNA test report, no case is made out for grant of

bail. The appeal fails and is hereby dismissed.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2022.03.28 18:31:29 +05'30'