IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 24^th OF MAY, 2024 MISCELLANEOUS CRIMINAL CASE No. 20128 of 2024 BETWEEN:-

KAPIL LODHI S/O SHRI RAJENDRA LODHI, AGED ABOUT 21 YEARS, OCCUPATION: STUDENT, R/O NEAR PARET MANDIR, M.E.S. COLONY CANTT. SAGAR, TAHSIL AND DISTRICT SAGAR (MADHYA PRADESH)

.....APPLICANT (NONE)

AND

1. STATE OF MADHYA PRADESH THROUGH S.H.O CANTT. DISTRICT SAGAR (MADHYA PRADESH)

2. VICTIM "A" THROUGH S.H.O. CANTT, SAGAR DISTRICT SAGAR (MADHYA PRADESH)

.....RESPONDENTS (STATE BY SHRI SWAPNIL GANGULY - DEPUTY ADVOCATE GENERAL)

............................................................................................................................................

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

O R D E R

This proceeding under Section 482 of Cr.P.C. has been registered on suo moto exercise of power by this Court by order passed on

06/05/2024 in M.Cr.C. No.13995/2024.

2. The Superintendent of Police, Sagar in compliance of order dated

22/05/2024 has filed his affidavit which shall be considered.

Signature Not Verified Signed by: SHUBHANKAR

3. This case depicts a very sorry state of affairs where the Police has shown complete insensitivity with regard to rape committed on a minor girl.

4. The unfortunate girl lodged the FIR in Crime No.894/2023 at Police Station Cantt. Sagar for offence under Sections 376, 376(2)(n) of IPC, Sections 5(1)/6, 5(j)(ii) of Protection of Children from Sexual Offences Act, Sections 3(1)(w)(i), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act alleging that Kapil Lodhi had raped her. The minor girl was pregnant and accordingly, a petition for medical termination of her pregnancy was filed. The samples were sent to FSL Sagar for DNA test report. DNA report dated 22/02/2024 was received pointing out that the person who is facing trial namely, Kapil Lodhi is not the biological father of the fetus as well as the DNA profile of the accused do not match with the DNA profile of the sperms found on underwear, vaginal slide of the prosecutrix. Although the said DNA test report was filed before the Trial Court but the Investigating Officer did not pray to the Trial Court for grant of permission to carry out further investigation. Thereafter, Kapil Lodhi filed M.Cr.C. No.13995/2024 for grant of bail on the basis of DNA test report.

5. This Court while entertaining the application for grant of bail, M.Cr.C. No.13995/2024, had passed the following order on

10/04/2024:-

"It is submitted by Shri Sarwate that DNA report has been received, according to which the applicant is not the biological father of the fetus.

Accordingly, the State counsel prays for and is granted a week's time to verify as to Signature Not Verified Signed by: SHUBHANKAR whether further investigation can be done in the light of the DNA report to find out that who is/was the biological father of the fetus.

List this case on 18.4.2024.

6. Thereafter on 18/04/2024, following order was passed:-

"In the light of order dated 10.4.2024, the counsel for State prays for a further time of 2 weeks to complete the further investigation.

List this case on 3.5.2024."

7. On 03/05/2024, it was submitted by the State counsel that Police is unable to locate the biological father of the fetus because the girl is not co-operating with the Investigating Officer. Although certain allegations against the character of the girl were also made but in order to maintain the dignity of the girl, the same were not noted down in the order and accordingly, the State Counsel was directed to file affidavit of Investigating Officer specifically pointing out whether he is competent to investigate the matter or not and if he expresses that he is unable to investigate the matter on account of non-cooperation by the girl, then he would specifically point it out in the affidavit.

8. Thereafter, an affidavit was filed by SHO Police Station Cantt. District Sag