Monu @ Ramkumer Dhakad vs The State Of Madhya Pradesh
2022 Latest Caselaw 7488 MP

                                  1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                           ON THE 23rd OF MAY, 2022

               MISC. CRIMINAL CASE No. 21829 of 2022

        Between:-
        MONU @ RAMKUMER DHAKAD S/O PARSADI
        DHAKAD, AGED 22 YEARS, CASTE DHAKAD,
        OCCUPATION:    KRASHI,    R/O  VILLAGE
        BARAHANA,    POLICE    STATION  JAURA,
        DISTRICT MORENA (MADHYA PRADESH)

                                                               .....APPLICANT
        (BY SHRI ARUN KUMAR PATERIYA - ADVOCATE )

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        INCHARGE    OFFICER, POLICE   STATION
        KAILARAS, DISTRICT MORENA (MADHYA
        PRADESH)

                                                            .....RESPONDENT
        (BY MS. KALPANA PARMAR - PANEL LAWYER )

      This application coming on for hearing this day, the court passed the
following:
                                   ORDER

Case diary is available.

This second application under Section 439 of Cr.P.C. has been filed for grant of bail. The first application was dismissed as withdrawn by order dated 14.3.2022 passed in M.Cr.C.No.10333/2022.

The applicant has been arrested on 21.01.2021 in connection with Crime No.42/2021 registered at Police Station Kailaras, District Morena for offence under Section 376-D of IPC.

It is submitted by the counsel for the applicant that the prosecutrix has

turned hostile and she has not supported the prosecution case.

Per contra, the application is vehemently opposed by the counsel for the State. However, it is submitted by the counsel for the State that as per the DNA test report, DNA profile of three persons namely Ankit Sharma, Kallu @ Pradeep Sharma and Monu @ Ramkumer Dhakad (applicant) were found. It is a case of gang rape 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, the applicant can still be convicted in spite of the fact that the prosecutrix has turned hostile.

Considering the DNA test report, the application is dismissed.

(G.S. AHLUWALIA) V. JUDGE (alok)

ALOK KUMAR 2022.05.24 17:17:43 +05'30'