DINESH DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/appellant has filed this appeal under Sec. 14 (A) (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short the "SC/ST Act ") for grant of anticipatory bail in connection with Crime No.35/2022 registered at Police Station Nagarnar, District Bastar for the offence punishable under Sec. 376 IPC and Sec. 3 (2) (v) of the SC/ST Act.

(2.) Prosecution case, in nutshell, is that the prosecutrix and the appellant were in love affair since 2012. It is alleged that the appellant on the pretext of marriage sexually exploited the prosecutrix since 7/6/2015 and thereafter refused to marry her and now developed relation with another woman and also kept her in his house. All this, led to lodging of FIR under the aforesaid Sec. .

(3.) Learned counsel for the appellant submits that the prosecutrix being a major and educated lady was a consenting party therefore, it cannot be said that any sexual activity was done against her will or without her consent. Prosecutrix was in love affair for about 7-8 years therefore, the ingredients of offence under the SC/ST Act are notattracted in any manner. Therefore, considering all these aspects, if the appellant may be granted anticipatory bail, he would abide all terms and conditions imposed on him.