NAVEEN KESHRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of rejection of application filed under Sec. 438 of CrPC filed in connection with crime bearing no. 17/2021, registered at Police Station- AJAK, Ambikapur, District Surguja, Chhattisgarh, for offence defined under Ss. 376(2)(n) of IPC and Sec. 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (for short "Act of 1989").

(2.) Appellant apprehending his arrest in crime no. 17/2021, had filed an application under Sec. 438 of CrPC before the Special Judge (SC/ST Prevention of Atrocities) Act, Ambikapur, District Surguja, Chhattisgarh, which was dismissed by impugned order dtd. 22/7/2021.

(3.) As per the case of prosecution, prosecutrix came at Ambikapur in search of employment where she started working in a garment shop of appellant. They have developed love affair and also established physical relationship. Whenever appellant visited Bilaspur for purchase of goods, he also brought the prosecutrix along with him, stayed in hotels where also appellant used to make physical relationship with her. When the prosecutrix refused his request of making intercourse, appellant stated her that he would marry her and on several occasions appellant visited her residential place and established physical relationship due to which she became pregnant in the year 2018 upon which appellant forcefully administered some medication to prosecutrix, aborting her pregnancy. In the year 2019 also she conceived pregnancy upon which appellant again forcefully administered her some medicine due to which her pregnancy was again aborted. Prosecutrix left the job and also shifted her place of resident but there also appellant visited her and established physical relationship forcefully on 10/2/2021 and thereafter after 10-12 days he again threatened her, established physical relationship. Under the fear she has not complaint to anyone. Written report was lodged on 18/6/2021 based upon which FIR was registered against the appellant.