PRAVEEN KUMAR SAHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No. 21/2006, registered at Police Station- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, District-RajnandgaOn (C.G.) for the offence punishable under Section 376 of the IPC and Section 3 (1) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Special Act.

(2.) The case of the prosecution is that on 15.12.2006, the prosecutrix lodged a report in the concerned Police Station that since 4 years to the said date, she was subjected to sexual intercourse by this applicant. It also comes in the First Information Report that she was taken by this applicant to Nagpur and they were residing as husband and wife since last 4 years, but ultimately, when she offered for a regular marriage, this applicant refused to marry her.

(3.) Learned counsel for the applicant submits that admittedly, according to the prosecution itself, the girl was aged about 21 years on the date of FJR, as in her transfer certificate, seized by the Police, her date of birth is mentioned as 30.6.1985. He also submits that even 4 years prior to the date of lodging of the FIR calculation is made; she would be aged about 17 years. He further submits that in the facts and circumstances of the case neither an offence under Section 376 IPC would be made out nor an offence under the aforesaid Sections of the Special Act would also be made out, therefore, this application filed under Section 438 Cr. P.C. would be maintainable.