KISHORE KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, (hereinafter referred to as "Special Act") has been filed against the order dtd. 1/8/2022 passed by Special Judge (SC/ST Act), Janjgir, District - Janjgir Champa, rejecting the application u/s 439 CrPC in connection with the Crime No. 203/2022 registered at Police Station Akaltara, District Janjgir Champa, for the offence punishable under Sec. 376 IPC and 3 (2-V) of the Special Act.

(2.) Case of the prosecution in short is that from 18/11/2021 to 17/2/2022 the applicant committed sexual intercourse with the prosecutrix on the promise of marriage and when she became pregnant he gave certain medicine for abortion.

(3.) Counsel for the appellants submits that the appellant is innocent and has been implicated in a false case. He submits that the prosecutrix is a fully grown up woman of more than 27 years of age. He further submits that statement of the prosecutrix it appears that she was a consenting party to the act of the applicant, and there is nothing on record to show that he ever administered any medicines to her for abortion. He further submits that there was relationship between the two from 18/11/2021 to 17/2/2022 and the report was lodged in the month of May 2022, which shows that the prosecutrix was a consenting party. It is submitted that the applicant is in jail since 28/6/2022 and the trial may take some more time for conclusion, therefore, he may be granted bail.