Nek Singh @ Gappe vs State Of MP

This seventh application under Section 439 of Cr.P.C. has been filed for grant of bail. Sixth application was dismissed as withdrawn by order dated 23.11.2019 passed in M.Cr.C. No. 46374/2019.

The applicant has been arrested on 07.06.2018 in connection with Crime No.157/2018 registered at Police Station Lahar District Bhind for offence under Sections 363, 366, 376 of IPC and Section 3/4 of Protection of Children from Sexual Offences Act.

It is submitted by the Counsel for the applicant, that 14 prosecution witnesses have already been examined and now only formal police witnesses have remained unexamined, but they did not appear before the Trial Court in spite of the service of notice. The prosecutrix has not supported the prosecution case. In the wake of Covid-19 Pandemic, the normal functioning of the Courts have been suspended, therefore, there is a possibility of further delay in the trial.

Per contra, the application is vehemently opposed by the Counsel for the State as well as complainant. It is submitted by the counsel for the complainant that the prosecutrix is minor and the fact that she had not supported the prosecution case has already been considered by this Court by order dated 28.06.2019. Further, the S.L.P. (Cri) filed by the applicant has also been dismissed by the Supreme Court.

Heard the learned counsel for the parties.

This Court by order dated 28.06.2019 passed in M.Cr.C. No. 24726/2019 has already considered the fact that although the prosecutrix has not supported the prosecution case but in the light of the FSL report and certain admissions made by the prosecutrix in paragraph 7 of her evidence as well as in the light of the judgment passed by the Supreme Court in the case of Hemudan Nanbha Gadhvi Vs. State of Gujarat passed on 28.09.2018 in Criminal

Appeal No. 913/2016, the applicant can be convicted, therefore, the application was rejected. It is well established principle of law that even if the prosecutrix has not supported the prosecution, still the accused can be convicted on the basis of circumstantial as well as scientific evidence.

So far as the delay in trial is concerned, the normal functioning of the trial has been suspended in the wake of Covid-19 Pandemic. Suspension of the normal Court functioning is with a view to save the lives of the litigants and other officers of the Court, and therefore, it cannot be said that the functioning of the Court has been suspended without any reasonable any reason. Furthermore, the trial has already reached to an advance stage. Further, the Supreme Court has already dismissed the SLP by order dated 10.06.2020 passed in SLP No. 2016/2020. Needless to mention here that on 10.06.2020 also, the Court functioning were already under suspension, therefore, no new ground has been agitated by the applicant before this Court.

As no case is made out for grant of bail, therefore, the application fails and is hereby dismissed.