Madhya Pradesh High Court
Niranjan Thakur @ Nanju vs The State Of Madhya Pradesh on 28 July, 2017
CRA-1521-2017
(NIRANJAN THAKUR @ NANJU Vs THE STATE OF MADHYA PRADESH)
28-07-2017
Shri Rahul Tripathi, Advocate for the appellant / accused.
Shri C.P. Singh, learned PL for the respondent- State.
Heard. Case diary perused.
This is third appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the impugned order dated 6.4.2017 passed by the Special Judge, S.C./S.T (Prevention of Atrocities) Act, Seoni, in Special. Case No.109/2017 whereby the court below has dismissed the application filed by the appellant under Section 439 Cr.P.C.
The appellant is in custody since 19.8.2016 for the offence under Sections 450, 376, 376 (2)(i) of the IPC & Section 3(1-12), Section 3(12- A)(1) & 3(1)(x) of SCST Act read with Section 3/4 of POSCO Act and in Crime No.261/2016 registered at Police Station, Keolari District Seoni (M.P.).
Learned counsel for the appellant submitted that the appellant is innocent. He is in custody since 19.8.2016. It is further submitted that the material witnesses have been examined and they are not reliable. The FSL report also does not corroborate the story of the prosecution. Hence, it is prayed that he be released on bail.
Learned Panel Lawyer opposing the submissions stated that for the proof of rape , corroboration from the FSL report is not mandatory and only on this ground, prosecutrix and witnesses cannot be discarded and at this stage meticulous appreciation of evidence is not required, hence, prayed for rejection of this appeal for bail.
Having considered the rival contention of learned counsel for the parties, in view of this Court this is not a fit case for grant of bail. Hence, this appeal is rejected.
CC as per rules.
(J. P. GUPTA) JUDGE vj