POSHAN SHRIWAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Section 14-A (ii) of Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989'), has been preferred against the order dated 07.01.2021 passed by learned Special Judge (Atrocities Act) Rajnandgaon, (CG) where appellant's application under Section 438 of Cr.P.C has been dismissed.

(2.) Appellant is apprehending his arrest in connection with Crime No.3/2020 registered at Police Station -Adim Jati Kalyan Thana, Distt -Rajnandgaon, Chhattisgarh, for the offence punishable under Sections 376 (2) of Indian Penal Code and Section 3(2) (v-a) of the Act of 1989.

(3.) Case of the prosecution, in brief, is that appellant and prosecutrix, who were studying in Class -11 in the same school have developed friendship, which later on turned into love affair. Appellant on the pretext of marriage has established physical relationship with prosecutrix from the year 2013 till 17.11.2020, when he refused to marry her on the ground that his parents are not ready to accept her as she belongs to other caste. This made the prosecutrix to lodge written complaint before concerned police station based upon which aforementioned offences was registered against the present appellant.