MOHINDER PAL KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal by the accused/appellant under Section 14(A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 29.09.2020 passed by the Special Judge (Atrocities), Janjgir-Champa (C.G.) in Bail Application No. 700/2020, refusing to allow his regular bail under Section 439 Cr.P.C. The appellant is in jail since 30.06.2020 in connection with Crime No. 175/2020 for the offence punishable under Sections 376 and 506 of IPC and Section 3(2) (v) (a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, registered at Police Station- Navagarh, District Janjgir-Champa (C.G.).

(2.) Prosecution story in brief is that the prosecutrix aged about 30 years and the appellant aged about 33 years are well known to each other since last two years as they are resident of same village namely Gangajal. At the time of incident, the appellant was posted in Raipur as Constable in Police Department. On February, 2019, the appellant went to his village and met the prosecutrix in her house and he made physical relations with the prosecutrix against her will. Thereafter, the appellant on promise of marriage continuously established forcible sexual relations with the prosecutrix, but subsequently he refused to marry her. Therefore, the prosecutrix lodged the F.I.R. against the appellant at Police Station Navagarh, District JanjgirChampa (C.G.)

(3.) Prosecutrix is connected through video conferencing from District Legal Services Committee, Janjgir-Champa (C.G.) and she has objection to grant of bail to the appellant by this Court. Prosecutrix stated that she was having relation with the appellant from December, 2018, but the appellant has refused to marry her. Therefore, on 23.06.2020, the prosecutrix lodged the F.I.R. against the appellant.