Hira Lal @ Hardaylal Saket vs The State Of Madhya Pradesh
2022 Latest Caselaw 13395 MP

                                                                1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           BEFORE
                                         HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                    ON THE 12th OF OCTOBER, 2022

                                           MISC. CRIMINAL CASE No. 46755 of 2022

                                    BETWEEN:-
                                    HIRA LAL @ HARDAYLAL SAKET S/O SHRI
                                    MAHESH SAKET, AGED ABOUT 19 YEARS,
                                    OCCUPATION: LABOUR VILLAGE DHANHA
                                    POLICE STATION RAMPUR NAKIN POLICE
                                    CHOWKI KHADDHI DISTRICT SIDHI M.P.
                                    (MADHYA PRADESH)

                                                                                        .....PETITIONER
                                    (BY SHRI TRIBHUVAN MISHRA, ADVOCATE )

                                    AND
                           1.       THE STATE OF MADHYA PRADESH THROUGH
                                    POLICE   STATION    PAPUNDH     DISTRICT
                                    SHAHDOL (M.P.) (MADHYA PRADESH)

                           2.       VICTIM A       S/O NOT MENTION THROUGH
                                    PAPAUNDH       DISTT. SHAHDOL  (MADHYA
                                    PRADESH)

                                                                                     .....RESPONDENTS
                                    (BY SHRI N.S. SOLANKI, PANEL LAWYER)
                                    (NONE FOR VICTIM)

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

This repeat (second) bail application under Section 439 of the Code of Criminal Procedure has been filed on behalf of applicant - Hira Lal @ Hardayal Saket for grant of bail pending the trial.

The applicant has been arrested in connection with Crime No.49/2022, registered at P.S.- Papundh, District Shahdol (M.P.) for commission of offence

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 10/13/2022 5:47:25 PM

under Section 376, 376(2)(N), 506 & 450 of IPC and Section 5/6 of POCSO Act, 2012. Applicant is in jail since 24.02.2022.

As per the prosecution story, on 23.02.2022, prosecutrix a 17 years old girl filed a complaint in writing stating therein that her elder sister's marriage was performed with the elder brother of Heera Lal Saket. Heera Lal Sakent is the younger brother of her brother-in-law. He was regularly coming to her house for last 02 years. On 15.01.2022 at around 10:00 a.m. when she was alone at her house, Heeralal came and told that he wanted to marry her. Thereafter, he forcibly took off her cloths and despite her opposition committed rape upon her and threatened her that if she dared to disclose the incident to any one, he

will eliminate her. On 22.02.2022 when she felt stomach ache, she disclosed the entire incident to her mother. FIR was registered. After investigation charge- sheet has been filed. Applicant is facing sessions trial for commission of offence punishable under Sections 376, 376(2)(N), 506 & 450 of IPC and Section 5/6 of POCSO Act, 2012.

First bail application of the applicant was dismissed as withdrawn and not pressed with a liberty to renew his prayer for bail after recording the evidence of prosecutrix before the trial court.

Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. It is further submitted that in her cross-examination, prosecutrix has turned hostile and has denied from the factum of rape upon her by the accused, therefore, it has been prayed that applicant/accused be released on bail.

On the other hand, learned panel lawyer for the State has opposed the grant of bail to the present applicant.

On a perusal of examination in chief of the prosecutrix recorded by the Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 10/13/2022 5:47:25 PM

trial Court, it is apparent that she has fully supported the case of prosecution but when she was cross examined after 25 days of examination in chief, she resiled from her statement in examination in chief and denied the factum of rape/aggravated sexual assault upon her by the applicant/accused. As far as the truthfulness of evidence of prosecutrix is concerned, this Court is not required to appreciate the veracity of prosecutrix's evidence at this stage. Because, it is for the trial Court, to assets the probative value of evidence of prosecution witnesses at the stage of judgment.

In this case, it cannot be overlooked that DNA sample has been sent for sampling and DNA report has not been received sofar. At the time of commission of offence, prosecutrix was a minor and the minor's consent is inconsequential and immaterial. Therefore, if DNA report is found positive, it would be for learned trial Court to examine the probative value of evidence of prosecution witnesses on record including DNA report. Therefore, having taken into consideration all the facts and circumstances of the case, at this stage, this Court is not inclined to release the applicant on bail.

Consequently, this repeat (second) bail application filed under Section 139 Cr.P.C. for grant of bail to the applicant is dismissed.

(DINESH KUMAR PALIWAL) JUDGE Amitabh

Signature Not Verified Signed by: JASLEEN SINGH SALUJA Signing time: 10/13/2022 5:47:25 PM