Sarwar Khan vs The State Of Madhya Pradesh on 6 September, 2017

CRA-2963-2017
(SARWAR KHAN Vs THE STATE OF MADHYA PRADESH)

06-09-2017

Shri Pramod Kumar Thakre, learned counsel for the
appellant.
Shri Y.D. Yadav, learned Government Advocate for the
respondent no.1/State.

Shri Alok Nayak, learned counsel for the respondent no.2.
This appeal under Section 14 (A) of the Scheduled Caste and
Scheduled Tribes (Prevention of Atrocities) Act has been filed
on behalf of the appellant-Sarwar Khan for grant of bail in
connection with Crime No.159/2017 registered at Police
Station Niwari, District Tikamgarh for the offences
punishable under Section 376 of the Indian Penal Code,
Section 7/8 of Protection of Children From Sexual Offences
Act, 2012 and Section 3 (2) (5) of the SC/ST (Prevention of
Atrocities)Act.

According to the case of the prosecution, the appellant
herein, who is in judicial custody since 22.04.2017 in the
aforesaid offence is alleged to have committed rape with the
prosecutrix, who is aged a little over 16 years. The case of the
prosecution as narrated in the 164 statement of the
prosecutrix is that the prosecutrix was taken to the Photo
Studio of the appellant herein by her friend Soniya and there
she is stated to have introduced the prosecutrix to the
appellant herein and compelled the prosecutrix to make
friendship with the appellant. Thereafter, the prosecutrix has
stated that during the photography session, the appellant is
stated to have had sex with her. The date of the incident is
13.02.2017. Thereafter, on 17.04.2017 on account of certain
objectionable actions by her father of touching her
improperly, the prosecutrix goes to a temple and after
meeting some woman there and telling her about her plight,
goes to the Police Station and registers the present FIR
against the appellant herein under Section 376, IPC and also
a separate FIR against her own father for the offence under
Section 354, IPC.

Looking at the delay in the registration of the FIR, which is
over two months and also the fact that the MLC is
inconclusive of any external injuries and does not show any
resistance injuries or any kind on the body of the prosecutrix,
I am inclined to allow the appeal and direct that the
appellant-Sarwar Khan be enlarged on bail upon his
furnishing personal bond in the sum of Rs.50,000/- (Rupees
Fifty Thousand Only) with one solvent surety in the like
amount to the satisfaction of the Trial Court.
Accordingly, the appeal is allowed.

Certified copy as per rules.

(ATUL SREEDHARAN)
JUDGE

taj

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