AJAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the 'SC/ST Act') has been filed by the accused/appellant for grant of regular bail in connection with Crime No.349/2021 registered at Police Station Urga, District Korba for the offence punishable under Sec. 376 of IPC and Sec. 3 (2) (v) of the SC/ST Act.

(2.) Prosecution case, in brief, is that prosecutrix is residing along with her brother at Village Dhitori and studied up-to 12th Class. It is alleged that the prosecutrix and applicant were came into contact in the year 2021 during the dance program in Village Durga Festival. After sometime, the appellant requested for mobile number to the prosecutrix. Thereafter, they started talking each other and the appellant also given proposal for the marriage, however, prosecutrix denied for the same. Thereafter on 27/2/2021 the appellant came in the house of the prosecutrix and made physical relationship with her. It is alleged that till 8/8/2021 on several occasions the appellant made physical relationship with the prosecutrix on the pretext of marriage. Thereafter, when the prosecutrix asked to marry her, the appellant refused for the same. On the basis of aforesaid allegation, instant FIR has been lodged.

(3.) Learned counsel for the appellant submits that appellant is innocent and falsely implicated in the crime in question. He also submits that prosecutrix and appellant were in relationship for several months and the FIR was lodged very belatedly. He further submits that the prosecutrix is grown up girl and she was very well know about the right and wrong. He also submits that prosecutrix has been examined and not supported the case of the prosecution. He also submits that prosecutrix herself given an affidavit for no objection in respect of bail application during the hearing of the bail application before the trial Court, however, learned Special Judge has rejected the bail application, which is not justifiable. Therefore, the appellant may be enlarged on bail.