RATNESH SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Criminal Appeal has been filed under Sec. 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth -the SC/ST Act-) against the order dtd. 6/3/2023 passed by the Special Judge, SC/ST ACT, North Bastar, Kanker for grant of regular bail to the Appellant, who has been arrested in connection with Crime No.41/2023 registered at Police Station Kanker, District Kanker (CG) for the offence under Ss. 376 and 376(2)(n), 323 and 506 IPC, under Ss. 66E, 67 and 67A of the IT Act as also under Ss. 3(2)(v) and 3(2)(v)(a) of the SC/ST Act.

(2.) Case of the prosecution is that the prosecutrix, a 26 year old lady had lodged FIR on 9/2/2023 alleging that she came in contact with the Appellant in the month of August, 2021 and at the relevant time, he was posted at Punjab National Bank, Kanker Branch and she was also posted in a Rural Bank in the same place and both resided in the same apartment. It is alleged further that thereafter, both had developed love affair and under the pretext of marriage, the Appellant had sexually exploited her between February and December, 2022 and on 8/12/2022, when she had gone to the Appellant's work place and called him telephonically, then he took her to his room and threatened her to make physical relationship with him otherwise, he would make her private videos viral as also threatened to kill her, therefore, the aforesaid offence has been registered against him.

(3.) Learned counsel for the Appellant submits that the Appellant is innocent and has been falsely implicated in the crime in question for which, he is languishing in jail since 10/2/2023. He further submits that the prosecutrix is a married lady, who herself was inclined towards the Appellant and willingly developed physical relationship with him, there was no case of any resistance. He placed reliance on the judgment rendered in the matter of Shambhu Kharwar vs. State of Uttar Pradesh and Anr. reported in 2022 SCC OnLine SC 1032 and drawn attention towards paras 11 and 12, which read as under:-